An improved and approved draft (approved by Chaudhary Mushtaq,ASC & counsel for Mr.Anwar Shahid,petitioner in pension cases) for onward submission to:
Chairman PTET BoT-JS (Admn) MoITT (email@example.com)
The Managing Director,
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:-
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.
The Board of Trustees has continued its adopted policy of discrimination since 2010, by granting the increase in pension @ 7.5 % & 8 % 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 denied the crystal clear orders of the Hon`ble Supreme Court of Pakistan, held under Para-20 of its 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”.
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 that:-
“Since by virtue of afore said provisions (Section-9 of the Act, 1991 & Section-35 of the Act, 1996, they (departmental employees of former T&T. Department) on their transfer became employees of the Corporation & then of the Company and they did not remain Civil Servants any more. But 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”.
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 among the PTET Pensioners 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 % for all PTET Pensioners, as announced by the Government of Pakistan. 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 the Secretary, Ministry of IT&T. for information & N/A.
Copy to the Chairman PTET/Trustees, through M.D. PTET. Islamabad.
Copy to the Director Pension PTET, PT&T. Building, Ground Floor,
Mauj-e-Darya Road, Lahore.
Muhammad Tariq Azhar
Good one . For the transferred employees in PTCL , all of their rights of Civil Servants and Terms and conditions of their services, which can not be altered for there disadvantages, mentioned in Civil Servants Act 1973 , are protected by virtue of …See More
What u think Sir it will work? I dnt understand y govt playing double standar one side they obey Sc decision in Mush case n deny to implement Sc decision on PTCL issue.
Shahzada Muzammil Abbas
Deceiving tacts should not be used by company.
Now only contempt of court will work. No other way !
sub log ak ho ker ptcl main derna dain dernay ki date announc karin
Is ka akhri hell D Chowk m Dharna hoga jab in Behaya ko payment karny paragi