“PTCL & Govt have no ways to escape.” Muhammad Tariq Azhar

Written By:- Muhammad Tariq Azhar

“PTCL & Govt have no ways to escape.”

(Revised draft with attachment)

I am attaching here a notification of the Finnance Division of Govt of Pakistan of dated bearing # F. 11 (1) R-2/2007-57 Dated 13th July 2010 for just information of all concern and especially to all PTCL pensioners and for all of those who are still part and for all of those who left PTCL by any way, that whenever Supreme Court passes any order in favour of any employee due to litigation process by such employee for any legitimate issue , which is also issue of the other employees and who do not take part in litigation process, such decision will also applicable on them. For this purpose the govt is bound to issue notification for the implementation of such favourable decision of HSC to all such employees having same issue
I am referring here a note of the same for your all information for affirmation above.

“The decision made by a court in favour of an employee will be
applicable to other employee o the same issue.in this connection the decision of the Honorable Supreme Court of Pakistan , Judgement , of 1996 SCMR 1186 is referred which read as under
” 5.4…Constitution of Pakistan (1973). Art.212. . . Appeal of
Service Tribunal or Supreme Court of Pakistan besides the point of Law relating to the terms of service of his civil servant which coveronly the case of a Civil Servant who litigate but also of other CivilServants, who may have not taken legal proceedings, in such cases, thedictates and rule of good governance demand that the benefit of suchjudgement by Service Tribunal or Supreme Court be extended to other Civil Servants who may not be the parties to the litigation instead ofcompelling them to approach the Service Tribunal or any other forums”
.
The Honorable Supreme Court of Pakistan has issued order in favour ofthree PTCL employees in Masood Bhattie case reported in 2012 SCMR 152 declaring them of having a status of civil servants ie as they would governed by statutory rules of Government Pakistan and their terms and
conditions can not be altered for their disadvantages.They can rightly invoke the jurisdiction of High Court. This order attained finally when PTCL review appeal had been dismissed by short order of HSC of dated 19-2-2016 fallowed by detail order of dated 16-3-2016, but PTCL & neither
neither issued any notification regarding implementation of such order to all other such category of PTCL employees having same issue nor PTCL directly implemented such order to all such category of PTCL immediately.
Similarly is of Raja Riaz case reported in 2015 SCMR 1738, in which, the HSC had issued order to PTCL grant him pay,pension, LPR encashment etc as of Govt.The review petition of PTCL against such order also dismissed by HSC on 18-8-2015. But PTC still did not implement for him and for other of the same category as of Raja Riaz and also not on others of same category employees having same issue. And MoIT also did not awake to fulfil its due responsibility as per HSC order This shows that PTCL & Govt how much respect the honorable Court’s decision???.Such non compliance of HSC orders ,tantamount to be contempt of court.
That is why, now, the HCJ of LHC (in writ petition # WP 25713/2016 filed by line staff Union Lahore) is going to take strict action against PTCL for it’s such of disobeying order of HSC. Govt & PTCL have no way to disobey itotherwise PTCL as well Govt has to face serious consequences what ever may be. Govt is the guarantor and she had to implement the HSC order accordingly and immediately
Regards
Tariq Azhar
07-10-2016

CC:
MoS Ministry of Information Telecom & Technology
Islamabad

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Saleem Akhtar Thx
Syed Zaidi Sir, very good observation. Any way it is noted that the present CJ of LHC keep a good reputation and courage. May Allah(SWT) give him courage to issue exemplary orders in our favour.
Mukhtar Haider respected sir..lot of thanks for kind information.
Habibullah Chaudhary Rohaan Habib

Finance Division Govt of Pakistan Notification Dated 13 July 2010 - Grant of Increment in terms of order of supreme court dated 22-6-2009

Finance Division Govt of Pakistan Notification Dated 13 July 2010 – Grant of Increment in terms of order of supreme court dated 22-6-2009

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