Further amended draft by our senior colleagues, received through Mr.Muhammad Anwar Shahid, petitioner in pension cases.
To be sent to:
Chairman PTET BoT-JS (Admn) MoITT (email@example.com)
The Managing Director (PTET),
Tele House, 18-A, Mauve Area,
G -10 /4, ISLAMABAD.
Subject: – INCREASE IN PENSION OF PTET PENSIONERS.
Refer to the letter of Director Pension Lahore No. Pen./PTET/LHR/15968 dated 16-03-2016 under subject cited above, it is informed that:-
1-The above referred letter was due in July, 2015 to increase the pension of all PTET Pensioners @ 7.5 % (announced by the Federal Government) but unfortunately the same has been delayed exorbitantly and the PTET Pensioners have been deprived from their legal rights for about 9 months.
2-The Board of Trustees has continued its adopted policy of discrimination since 2010, by granting the increase in pension @ 7.5 % & 8 % on 16-03-2016 instead of @ 7.5 %, under a “Malafide Plan”, not only to deny the orders of the Ministry of IT&T. vide No. 565/2015-DL dated 17-06-2015 but also to deny the crystal clear orders of the Hon`ble Supreme Court of Pakistan, passed under Para-20 of judgment dated 12-06-2015, as under:-
“20. the Respondents, who were employees of T&T. Department having retired after their transfer to the Corporation and the Company, will be entitled to the same pension as is announced by the Government of Pakistan and that the Board of Trustees is bound to follow such announcements of the Government in respect of such employees”.
3-Further, Civil Review Petitions of PTCL vide Nos. 247 – 249 / 2011 against the judgment dated 07-10-2011 passed in Civil Appeal Nos. 239-241 /2011, have been dismissed by the Hon`ble larger bench of the Hon`ble Supreme Court of Pakistan vide judgment dated 19-02-2016, by holding in Para-6 that:-
“Their (departmental employees of former T&T. Department) terms & conditions of service were fully protected under Section 9(2) of the Act of 1991 and Sections 35(2) of the Act of 1996. None of the terms & conditions could be varied to their disadvantage. The legislature also bound the Federal Government to guarantee the existing terms & conditions and rights including pensionary benefits of the transferred employees.
The Hon`ble larger bench of the Hon`ble Supreme Court of Pakistan further held in same Para that:-
“…………………….. the terms & conditions of their service provided by Sections 3 to 22 of the Civil Servants Act and protected by Section 9(2) of the Act of 1991 and Sections 35(2), 36(a) and (b)of the Act of 1996 are essentially statutory. Violation of any of them would thus be amenable to the constitutional jurisdiction of the High Court”.
4-The Hon`ble larger bench of the Hon`ble Supreme Court of Pakistan has also held in Para-7 of the judgment dated 19-02-2016 that:-
“The argument of Mr. Khalid Anwar, Sr. ASC that where a three members Bench of this Court in the case of Pakistan Telecommunication Company Ltd. Vs. Iqbal Nasir & others held that the employees of PTCL being governed by the principle of master & servant could not invoke the jurisdiction of the High Court under Article 199 of the Constitution, another Bench with equal number of judges could not deviate there from, is based on misconception when the employees in the aforesaid case were not those whose terms & conditions of service on their transfer to the Corporation and the Company were protected and guaranteed under Section-9 of the Act, 1991 and section 35(2) and 36(1&2) of the Act of 1996 but those who were employed on contract or work-charge basis”.
In the light of above narrated crystal clear orders of the Hon`ble Supreme Court of Pakistan, the PTET Board of Trustees is requested through your good office to give-up the policy of creation of discrimination amongst the PTET Pensioners (former employees of T&T.Deptt.) and avoid the implementation of “Malafide Plan” to snatch the legal rights of PTET Pensioners, by denying the orders / judgments of the Hon`ble Supreme Court of Pakistan. You are also requested to direct your Director Pension Lahore to withdraw his letter dated 16-03-2016 and re-issue the required letter for uniform increase in pension @ 7.5 % (announced by the Government of Pakistan) for all PTET Pensioners. Otherwise, I will be constrained to receive my pension unwillingly under protest on 01-04-2016 and PTET Management will be the responsible for the consequences, if any.
Contact No. ________________________
Copy to for information and necessary action please:-
1-The Secretary, Ministry of IT&T. Division, Govt. of Pakistan, Islamabad.
2-The Chairman & all Trustees of PTET Board of Trustees through M.D. PTET (Trust), Islamabad.
3-The Director Pension (PTET), PT&T. Building, Mauj-e-Darya Road, Lahore.