PTET Pension Rules 2012: Naseem Ahmad Vohra EVP Dev (R) PTCL letter to Secretary IT & Telecom

Naseem Ahmed Vohra    EVP Dev (R) PTCL  letter to Secretary IT & Telecom on PTET Pension Rules 2012                                                                                                     

Dated at Islamabad: 8th June 2012

Sub: Legitimacy of PTET (Pension) Rules

1.         Your kind attention is drawn to statutory protection provided to terms and conditions of service and pensionary benefits of Telecommunication Employees under Section 36 of Pakistan Telecommunication (Reorganization) Act 1996 (Act of 1996); under the statutory protections pensionary benefits of a telecommunication employees cannot be altered to his disadvantage except in accordance with the laws of Pakistan or with the consent of telecommunication employee and award of appropriate compensation.

2.         Further employees of the Corporation were transferred to the Company under the operation of law without compensation/consent; however Federal Government was mandated by the said Act to guarantee terms and conditions of service and rights including pensionary benefits enjoyed by the employees at the time of such transfer. Federal Government for the purpose of Act of 1996 is Ministry of IT and Telecom as defined under Section 2 (fa).

3.         Ministry of IT & Telecom has recently notified Pakistan Telecommunication Employees Trust Fund (Pension) Rules 2012 issued on 22nd May 2012 vide gazette notification SRO 525(I)/2012.

4.         It is claimed in the notification that the rules are made by PTET Board of Directors in exercise of powers conferred by sub-section (9) of section 44 of Pakistan Telecommunication (Reorganization) Act 1996 PTET Board of Trustees and notified with the approval of Federal Government.

It is very disconcerting for me, a telecommunication employee, to note that the Ministry being Guarantor of my rights under the Act of 1996, has preferred to collude with the Company in approving/circulating illegal rules and tried to deprive me of my legitimate rights through following violations of various laws of Pakistan:

a.         Section 11 of Trusts Act 1882 binds the Trustees to fulfill the purpose of the Trust and 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. It is evident that Board of Trustees is not authorized to frame rules affecting the rights of beneficiaries. Only Author of the Trust (GOP & PTCL in this case) is competent to frame such rules and that also with the consent of all the beneficiaries i.e. 39000 pensioners.

b.         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. PTET has exceeded its jurisdiction by framing pension rules which is the jurisdiction of the Author of the Trust. The Rules are void ab initio.

c.         Elimination/modification in following benefits from the eligible salary/pension under the illegal rules notified by Ministry of IT & Telecom has clearly altered my Terms and conditions of service and rights, including pensionary benefits to my disadvantage in direct violation of Sovereign Guarantee and Section 36 of the Act of 1996.

i.          Pension Rules 2012

ii.         Elimination of Dearness Allowance from Eligible Salary

iii         Elimination of Rule 15 in existing Pension Rules dealing with applicability of Pension Increases notified by GOP (for its civil pensioners) to telecommunication employees.

iii.        Elimination of addition to Pay specifically declared by President of Pakistan

iv.        Rate of Family Pension has increased from 50% to 75% with effect from 1st July 2010 vide GOP No. F. 2(3)-Reg.6/2010 dated 5th July 2010. PTET (Pension) Rules 2012 reduced eligibility of my Family Pension from 75% to 50%.

d.         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 Section 59 of the Act of 1996. 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.

e.         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.

It is requested that illegal Pension rules notified under SRO 525(I)/2012 dated 22nd May 2012 may please be withdrawn immediately and Pension Increase notified by GOP under various notifications issued of 5th July 2010 & 4th July 2011 implemented under the Pension Rules included in the Trust Deed dated 2nd April 1994, PTET and the Ministry has itself conceded through supersession clause included in illegal Pension Rules 2012.

Naseem Ahmed Vohra                                                                                                                                                                  EVP Dev (R) PTCL

To,

Farooq Ahmed Awan                                                                                                           Secretary IT & Telecom                                                                                                     Government of Pakistan                                                                                                      Islamabad

14 Comments


  1. Dear All PTCL Pensioners
    AoA
    First I convey my well-wishing to all PTCL Pensioners and Employees.
    After that being a senior old citizen and pensioner I and all PTCL Pensioners are on protest since long.
    Flattery Gillani arrived to end, hellish hybrid Raja Pervaiz on scene, who will fill his big corpulence. I don’t know. Perhaps Castrated Zardari the stockbroker of prostitute Benazir Bhutto. All world know that she was a low class prostitute in London. Rascal Zardari is neighboring by the mischief back-biting associates and they are not concur to our Right. Backer rouge Aitzaz Ahsan behind infirmity. Aitzaz and like other peoples have got their retaliation infinitely.
    We only see towards Almighty Allah. We have no any hope by merchant Zardari and his govt. How much more vagabond Zardari will remain in act. The big rascal Zulfiqar Bhutto on his Radio Speech on10-Feb 1972, pour out against the labours-poor workers saying as, “If you not vary your approach then your street power will be force down by using state machinery”. So that Zardari is profess absurd Zulfiqar Bhutto.
    There is end of every thing. Sycophant peoples are deceiving to one-an-other. They will all have must accountable before Allah on the day of judgement.
    In the last I request and see towards the honourable judges of Pakistan Supreme Court to take a wise decision in the favour of PTCL Pensioners.
    We will remain ever prayed for the prosperity of Supreme Court.

    Abdul Salam,
    PTCL Pensioner, Pishin, Quetta.


  2. I have already posted my comments on the letter but the same are not available in the relevant page, Why?


  3. By reviewing the above from Mr. Vohra, its ray of hope to poor & old age pensioners but principally PTCL management decided not to extend any benefits to poor & old aged pensioners but contrarily PTCL management spending huge amount by hiring their legal advisor i.e Azitezaz Ahsan & Naeem Bokhar etc & pay 2.5 Crore each to fight against poor & old aged pensioners, KHUDA GHARA KARAY SUB KO, AAMEEN !!!!!

  4. Moeenuddin says:

    Assalamoalaikum to all PTCL Pensioners
    Issuance of pension rules for PTCL pensioners at this stage when the actions of the authorities to reduce the pension have already in court of law in PAKISTAN. These rules are totally illegal, unlawful and a shameful struggle made by the IT Ministry to bulldoze the rights of the pensioners, therefore it may be opposed strongly at any cost. Whether PAKISTAN is a no law land? as reflects by these rules or otherwise.Have there any authority in Pakistan to take notice of such cruel dark rules?


  5. Mr Naseem thanks for your efforts


  6. Thanks Dear Naseem Vohra Sahib, we can,t made r rit in high court
    against these illeagle rules

  7. ZIA UL MUSTAFA SAJID says:

    Dear Mr.Naseem Vohra,
    Thank you very much for your kind sincere efforts for the Pensioners.
    regards
    Zia Ul Mustafa Sajid

  8. raja saleem says:

    thanks from PTCL Pensinors / employees

  9. raja saleem says:

    appriciate for all pensionor & PTCL employees
    \

  10. Farrukh Alam says:

    thank you Mr.Vohra about help to ptcl pensioners.

    Farrukh AAlam

  11. AZHAR IQBAL says:

    THANKS MR.NASEEM VOHRA,YOU WRITE SOMETHING TO THE HIGHER LEVEL WITH VERY GOOD POINTS.WE ALL PRAY TO ALL OF THEM WHO TRY SOMETHING FOR OUR RIGHTS.

  12. MOHAMMAD ARIF JAN (D.T.E.) says:

    Thanks Sir. aap hamary liay umeed ka “suraj” hain.


  13. Thanks! to highlight the points and fight for retirees

  14. FAZLI ALI YOUSAFZAI says:

    THANKS NASEEM AHMED VOHRA SAHIB FOR GUIDNESS. I HOPE THAT MOI WILL NOT APROVE THESE ORDER IF THEY AFRAID FROM ALLAH , DAY OF JUDGEMENT AND LIFE OF GRAVE .

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