Dear All PTCL Pensioners
New Additional Secretary has taken over the Charge in IT and Telecom Division. He is also looking after the charge of Secretary IT & Telecom. I have dispatched a letter to him today in my individual capacity (Copy Attached). I would request all pensioners (retired from PTCL) to replace my name/designation and date of appointment/retirement and dispatch the letter with your particulars/PPO etc to put pressure on him right at the start.
It may seem useless in the face of Court Case, I assure you it will definitely help us in the long run.
Amir Tariq Zaman Khan Additional Secretary IT and Telecom Division Evacuee Trust Building F-5/1 Islamabad Dated at Islamabad: Aug. 23; 2012
Subject: Pension Increase and Medical Allowance
- I, Naseem Ahmed Vohra, joined Pakistan Telegraph & Telephone Department (PT&T) as Assistant Divisional Engineer on 30th December 1975 after qualifying combined competitive examination conducted by Federal Public Service Commission. I accepted the appointment as a Civil Servant, under the terms and conditions of service as defined in Chapter II of Civil Servants Act 1973.
2. T&T Department was converted into a Corporation under PTC Act 1991. I, alongwith all oyher regular T&T employees, was transferred to PTC under Section 9 of the said Act on same terms and conditions of service to which I was entitled immediately before such transfer.
3. The Corporation was succeeded by Company; PTCL under Pakistan Telecommunication (Reorganization) Act 1996. I, alongwith all regular employees, was designated “Transferred Employee” and transferred to the Company. My terms and conditions of service and rights including pensionary benefits were, however, protected under Section 36 of the said Act. Federal Government was mandated to guarantee terms and conditions of service of Transferred Employees that existed on 1-1-1996.
4. On my retirement Pakistan Telecommunication Employees Trust PTET), Pension Trust established to disburse pension to retired Telecommunication Employees, started disbursing pension to me like thousands of other pensioners. Federal Government notified pension-increase for its Civil Pensioners in 2007, 2008 & 2009; every time Post Office disbursed me increased pension on 1st August without any fuss.
5. Federal Government issued four notifications announcing pensionary benefits for its civil pensioners on 5th July 2010; PTET, however, discriminated amongst pensioners and authorized arbitrary/illegal increase in my pension for the years 2010 and denied Medical Allowance altogether in violation of statutory protections. Similar treatment was meted out towards pension increase notified by Federal Government on 4th July 2011. No pension increase has been awarded to me against Federal Government Notification dated 2nd July 2012.
6. A large number of fellow pensioners challenged arbitrary action of PTET in various High Courts across the whole country. Islamabad High Court in its judgment announced on 21st December 2011 directed PTET to disburse pension according to government notifications alongwith arrears. Honorable High Court further held that in view of statuary protections available to telecommunication employees under Section 36 of Reorganization Act, no rules or provisions can be made by the Board of Trustees against the employees/pensioners except with their intervention; PTET/PTCL have filed review appeal with honorable Court.
7. Despite the above observation by the honorable Court PTET Board of Trustees framed new Pension Rules purportedly under the powers conferred by Section 44(9) of Reorganization Act; Ministry of IT and Telecom on its turn has notified new pension rules under No. SRO 525(I)/2012 called Pakistan Telecommunication Employees Trust Fund (Pension) Rules 2012 dated 22nd May 2012.
8. PTET Board of Trustees understood the limits of its rule making powers under Section 44(9); the Board acted rationally for fourteen (14) long years and used its rule making powers prudently; investment rules framed by the Board and notified by the Ministry under no SRO 77(KE)/2003 called Pakistan Telecommunication Employees Trust (Investment) Rules 2003 on 23rd July 2003 is one such example.
9. Clearly investment rules relate to day to day management of Pension Fund and Board of Directors is fully empowered to frame such rules as opposed to Pension Rules which affect the pensionary benefits of the Trust Beneficiaries in stark violation of Section 36(5) of the very Act of Parliament under which the Board draws its powers.
10. Section 52 of the Reorganization Act mandates that provisions of various chapters of Trusts Act 1882 shall apply to PTET and the Board of Directors to the same extent they apply to a “trust” and “trustees” as defined in Section 3 of the said Act. Section 11 of the Trusts Act 1882 binds the trustees to obey the directions of the author of the trust given at the time of its creation, except as modified by the consent of all the beneficiaries.
11. Section 11 of Trusts Act 1882 further mandates that “Noting in this section shall be deemed to require a trustee to obey any direction when to do so would be impracticable, illegal or manifestly injurious to the beneficiaries.
12. It is evident from Section 52 of Reorganization Act when read with Section 11 of Trusts Act 1882 that PTET Board of Directors has exceeded its powers under Section 44 besides stark violation of Section 36(5) of Reorganization Act.
13. It is further evident that Ministry of IT and Telecom has abetted the violation of Section 36 by PTET Board of Directors besides flouting the sovereign guarantee mandated by the legislature under proviso to Section 35(2) of the Reorganization Act, by notifying the illegal rules.
14. I, being one of the hapless pensioners request you to kindly look into the way Ministry of IT and Telecom is flouting the Reorganization Act in support of PTCL; and hardships Ministry is creating for some 39000 pensioners which include hundreds of widows and orphans. It is pertinent to point out that quite a large number of pensioners retired as Civil Servants from T&T Department and most of them are receiving meager amount as pension having retired some 22 years ago or more. While more than 30,000 of the pensioners are getting less than Rs: 15000/pm in this age of hyper inflation.
I hope this letter will help you to see the issue in true perspective to set things right which were none of the doing of your goodself; having taken over the charge of the Ministry quite recently.
Naseem Ahmed Vohra
EVP (Rtd) PTCL PPO No.
House No 1272, Street 32, Phase IV Bahria Town Islamabad Ph: 0515730967; Mob: 03455228888