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Comparison of Pension Rules By Naseem Ahmad Vohra EVP Dev (R) PTCL

Naseem Ahmad Vohra – a PTCL pensioner (EVP Dev (Retired PTCL)) has compared the existing and New Pakistan Telecommunication Employees Trust (PTET) Pension  Rules 2012.

Message from Naseem Vohra:

I am enclosing  draft representation, Comparison Existing Pension Rules Vs New Pension Rules and Comments, Notification and propose to send the representation to Secretary MoIT and Minister IT & Telecom. Petitioners who have already filed cases in the Court of Law are requested move another application to make the illegal rules part of the petition in consultation with their lawyers. Any help/documents/advice/explaination required is welcome.

Contact Email of Naseem A. Vohra

navohra@hotmail.com

Notification Copy of PTET Fund (Pension) Rules 2012

Download Pension Rules Comparison (DOC Format)

 

Legitimacy of New Pension Rule Notified by Ministry of IT & Telecom on 22nd May 2012

S.No Existing Pension Rules New Pension Rules Comments

1

Pension Rules included in Trust Deed dated 2nd April 1994 Pakistan Telecommunication Employees Trust (Pension) Rules, 2012 (Notified on 22nd May 2012) Existing Pension Rules were part of the Trust Deed adopted by Telecom Act 1996 and followed for 14 years.

 

New Pension Rules notified are prepared by PTET under Section 44(9) of the same Act and notified with the approval of Ministry of IT & Telecom.

 

Rule making power conferred on PTET empowers the Board to make rules for efficient management of Trust.

PTET is bound to implement directions of the Author of the Trust given at the time of its creation under Section 11 of Trusts Act 1882

2

Existing Pension Rules are included in Trust Deed dated 2nd April 1994. The Trust Deed was adopted by the by reference in Section 45(1) of Telecom Act 1996 itself; thus attained statutory status. Rules are made under the power conferred by Section 44(9) of Telecom Act 1996 PTET has exceeded its jurisdiction by framing pension rules which is the jurisdiction of the Author of the Trust.

 

The Rules are illegal ab initio.

3

Telecom Act 1996 defines Telecommunication Employee as follows:

 

2. Definitions: In this Act unless there is anything repugnant in the subject or context,

 

(t): “telecommunication employees” means the employees of the Corporation who are transferred to the employment of the company under this Act, other than those to whom sub-section (3) of section 36 applies, and all persons, who, on the effective date for the Company, were employees of the Corporation, the former Telegraph and Telephone Department of the Federal Government and are receiving, or are entitled to receive,

pensionary benefits from the Corporation;

Definition provided in the New Pension Rules Notified by Ministry of IT & Telecom  defines Telecommunication Employee as under:

 

 2.  Definitions:

(q): “Telecommunication Employee”

Telecommunication Employee means employee of the Corporation who is transferred to the employment of the Company under the Act

It is settled law that Subordinate Legislation cannot modify/amend Principle Legislation.

 

New rules have clearly modified the definition of “Telecommunication Employees” thus tried to override the definition provided by the very Act which confers rule making power on PTET.

 

4

1.6  Eligible Salary shall mean the monthly salary of a Member at the time of retirement and shall include:

i.     Pay as defined in FR-9 (21) (i)

ii.    Personal Pay

iii.   Technical Pay

iv.   Special pay of all types and nature

v.    Dearness Allowance

vi.   Increments accrued during LPR

vii.  Indexation Pay

viii. Senior Post Allowance

ix.   Any other addition to pay which may specifically be declared by President as emoluments reckoning for pension

 

2. Definitions:

(e) “pensionable Pay” for the purpose of pension calculation, means the salary of a beneficiary at the time of retirement and only includes:

1.   basic Pay

ii.    Personal Pay

iii.   Technical Pay

iv.   Special pay

v.    Senior Post Allowance

vi.   Indexation of Pay

vii.  officiating pay, qualification pay, substantive pay, good conduct pay or incentive pay

viii. Increment accrued during LPR and

ix.   Any other pay, received by a beneficiary, which may be included in the eligible salary, by the Board

Terms and Conditions of Service including Pensionary Benefits of Telecommunication Employee shall not be altered to his disadvantage without his consent and award of appropriate compensation under Section 36(2) & Section 36(5).

 

Elimination of Dearness Allowance and addition to pay specifically declared by the President of Pakistan and discretionary powers in the hands of PTET Board is clear alteration of pensionary benefits of Telecommunication Employees in direct violation of Sections 36(2)& Section 36(5) of the Telecom Act 1996.

 

Ministry of IT & Telecom being guarantor of terms and conditions  of service of

Telecommunication Employees under proviso to Section 36(1) has preferred to side with the Company violating Sovereign Guarantee.

5

8.   Rate and Scale of Pension:   (a) Rate and scale of pension as specified in Annexure 1.

 

(e):-The increase in pension of the existing pensioners is also allowed from time to time as allowed by the government

 

 

 

7.  Rate and Scale of Pension: (1) rate and Scale of Pension shall be as specified in the Annexure 1.

(2)  —

(3)  —

(4)  Any increase in Pension of the pensioner may be allowed from time to time, as determined exclusively by the Board of Trustees in its sole discretion.

 

 

6

Pension Rule 15 included in the Trust Deed dated 2nd April 1994 reads as under:

15:Applicability of Changes, Modifications OR Amendments Notified by the Federal Government for its Employees: These regulations will stand modified /amended in respect of all such changes, modifications or amendments made by the Federal Government for the improvement of pension benefits to its own employees through circulars or notifications or administrative orders issued from time to time.

The provision is not included in the New Pension Rules.

 

Pension Increases announced by the Federal Government will not be allowed to Telecommunication Employees under these rules.

New Pension Rules alter Pensionary benefits of Telecommunication Employees to their disadvantage without any compensation and consent in violation of Sections 36(2) & Section 36(5) of Telecom Act 1996.

7

8.   Rate and Scale of Pension:   (a) Rate and scale of pension as specified in Annexure 1.

 8 (e):-The increase in pension of the existing pensioners is also allowed from time to time as allowed by the government

15:Applicability of Changes, Modifications OR Amendments Notified by the Federal Government for its Employees: These regulations will stand modified /amended in respect of all such changes, modifications or amendments made by the Federal Government for the improvement of pension benefits to its own employees through circulars or notifications or administrative orders issued from time to time.

7.  Rate and Scale of Pension: (1) rate and Scale of Pension shall be as specified in the Annexure 1.

(2)  —

(3)  —

(4)  Any increase in Pension of the pensioner may be allowed from time to time, as determined exclusively by the Board of Trustees in its sole discretion.

 

 

8

Federal Government enhanced family pension from existing 50% to 75% with effect from 1st July 2010 vide No. F.2(3)-Reg.6/2010-786 dated 5th July 2010

 

Family Pension as such stands at 75% under Pension Rule 15 above

6.  Family Pension: (1)   —-

—- Family pension shall be admissible at 50% of gross pension to the widow for life—

Family Pension has been reduced from existing 75% to 50% in violation of Section 36(2) & Section 36(5) of Telecom Act 1996

9

Section 59 of Telecom Act 1996 is reproduced below:

 

59. Repeal and Savings.—(1) The Pakistan Telecommunication Corporations Act, 1991(XVIII of 1991), The Pakistan Telecommunication (Re-Organization) Ordinance, 1996 (LXXVII of 1996), and the Ministry of Communications, Government of Pakistan, Notifications numbering 5(4)/95-PTC, dated the 7th August, 1995, are hereby repealed.

 

(2)     Notwithstanding anything contained hereinbefore, all orders made, actions taken, vesting orders or notifications issued, property, assets and liabilities of the Corporation vested or transferred and the employees of the Corporation transferred to the Pakistan Telecommunication Authority, Frequency Allocation Board, Pakistan Telecommunication Company Limited, National Telecommunication Corporation or Pakistan Telecommunication Employees Trust, under any of the powers conferred or vested under the Pakistan Telecommunication (Re Organization) Ordinance, 1995 (CXV of 1995), the Pakistan Telecommunication (Re-Organization) Ordinance, 1996 (XXX of 1996), the Pakistan Telecommunication(Re-Organization) Ordinance, 1996 (LXXVII of 1996) shall be deemed always to have been lawfully and validly made, taken, issued,

vested or transferred under the provisions of this Act and shall continue to be in force unless amended, varied, withdrawn, rescinded or annulled by a person or authority competent to do so under this Act.

11.  Repeal: The rules of Pakistan Telecommunication Corporation Employees Pension Fund, 1994 forming part of the Trust Deed are hereby repealed. All the SROs issued by the Federal Government under any of the powers conferred /vested under the Pakistan Telecommunication (Re Organization) Ordinance, 1995 (CXV of 1995), have been specifically saved under this section.

 

All such orders continue to be in force unless amended, varied, withdrawn, rescinded or annulled by a person or authority competent to do so under this Act.

 

PTET has exceeded its powers and gone on to amend the Principle Legislation through an administrative action.

 

In the process PTET/Ministry of IT and Telecom has conceded that despite admissibility of Pension Increases announced on 5th July 2010 and 4th July 2011 to Telecommunication Employees (TE) as notified by Federal Government, PTET illegally divided TEs in two categories and notified arbitrary pension increases.

 

About Tahir Iqbal

PTCL Worker at Switching EWSD Multan Qualification = DAE (electrical) + BS(CS)

6 comments


  1. without approaching the rule making body/board and there-after on dissatisfaction from their responses the next authorities up to ministry of finance, through finance department, government of Pakistan or else, there would be no cause of action to approach the court. According to your version, it is quite clear that the court has given its resentment over non-approaching the proper rule making and approving authorities.


  2. Dear Mr. Vohra Sahib,

    Thanks your efforts, but it is the time to go in Islamabad High Court and get stay orders against these rules, so that this application could be the part of prior petition.

    Regards,

    Shafqat Ali


  3. آڈٹ اینڈ اکاؤنٹس الاؤنس کی منظوری سے متعلق وضاحت
    گزشتہ روز آڈٹ اینڈ اکاؤنٹس الاؤنس کی منظوری سے متعلق جو موبائل پیغام یعنی ایس ایم ایس آپ تک پہنچ رہا ہے وہ حقائق پر مبنی نہیں ہے۔ ہماری کوشش رہی ہے کہ آپ تک درست اور مستند خبر پہنچے۔ اور پاکستان کے تمام ملازمین کی ویلفیئر اور ترقی کیلئے ہمیشہ ایمپلائز نیٹ ورک آف پاکستان کی پوری ٹیم نے بھرپور کوشش کی ہے۔ آڈٹ اینڈ اکاؤنٹس کے لیے اے جی پی آر کے ملازمین نے جو قدم اٹھایا ہے، وہ قابل تحسین ہے۔ اور دُعا ہے کہ جلد از جلد آپ تک حقیقی خوشخبری پہنچے۔ ہمیں پنی آراء سے آگاہ کرتے رہیے گا۔ شکری


  4. Dear Mr.Shafqat
    What you are trying to say, got sense but plz try to understand what Mr.Vohra is trying to prove. It is a try to create awareness among the sleepy heads of the PTCL including the employees and the pensioners. The poor souls didn’t move a inch to protest what ever has been done to them for the last some of years. Don’t know when or what shock is going to shake them to stand up to this injustice what have been done to them constantly through out the last 4 or 5 years. If they didn’t woke up now soon they’ll be signing the UPS or NTC so that the can be get rid off when ever PTCL authority likes. ALLAH (SWT)does not help those, who don’t help themselves.

    Regards
    Mir

  5. FAZLI ALI YOUSAFZAI

    FIGHTING OF ELEPHENT IN WHICH ONLY POOR PTCL PENSIONERS ARE CRUSHING SINCE 2010 AND POOR WIDOW AND URPHEN ARE NEED JUSTICE , WHO WILL HELP THIS IS ONLY ALLAH WHEN YOU CALLED WILL HELP,
    SO COME TOWARD ALLAH AND ASK HELP,


  6. Dear Vohra Sahib,

    Kindly see the Chief Justice Islamabad High Court Orders in para-34 which reproduced as under:-
    “As regards to setting aside of draft rules are concerned, it appears that the same have not yet been approved by the Federal Government.Before approval of Federal Government the same have no value in the eye of law.The Federal Government may accept or may not; hence before approval,the same cannot be set aside.Even the Federal Government is bound to look into that whether the rules approved by the Board of Trustees are in accordance provision of law as embodied in Pakistan Telecommunication (Reogranization) Act 1996 or not. Therefore, it appears expedient that a copy of this judgement to Ministry of Information Technology as well as Ministry of Law with the direction to look into that the proposed rules sent by the PTET are in accordance with Pakistan Telecommunication (Reorganization) Act 1996 or not.”

    In this orders/judgement, it is clear that Ministry of Information cannot approved any rules which against the Act. Ministry of IT passed the rules by ignoring the judgement of Chief Justice of IHC and it is clear “CONTEMPT OF COURT”. You are requested to look into this point.

    Regards,

    Shafqat Ali

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