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Article-285 [Regarding Inconsistent and Legally Defective Position of PTET Regarding Grant of GoP Pension

Subject: Inconsistent and Legally Defective Position of PTET Regarding Grant of GoP Pension The factual and legal position emerging from your narration clearly establishes a serious inconsistency, contradiction, and prima facie non-compliance on the part of PTET, particularly in light of binding judgments of the Honourable Supreme Court of Pakistan. 1. Established Conduct of PTET in 2018 (Admission by Conduct) Pursuant to the Supreme Court’s order dated 15-02-2018, PTET, through its then General Manager (Mr. Farooq), implemented Government of Pakistan (GoP) pension in favour of 342 PTCL pensioners who had retired normally at the age of 60. • These pensioners belonged to all grades (BPS-1 to BPS-22) • Their modes of appointment were diverse, including: • FPSC-qualified civil servants • Departmentally recruited employees • No distinction whatsoever was drawn between: • “Civil servants” and “workmen” • FPSC and non-FPSC appointees • Lower and higher grades ...
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Article-284[Regarding Clarification on the Status of T&T Employees as Civil Servants vs. Workmen ]

Subject:- Clarification on the Status of T&T Employees as Civil Servants vs. Workmen and Interpretation of Paragraph 18 & 19 of the Supreme Court Judgment (July 10, 2025). Let us first see what said by Honourable CJ Justice Yahya  Afridi about Civil Servant-Workman Distinction in Paragraph 18 &19 the Supreme Court Judgment (July 10, 2025) which is as under “Dismissal of the Civil Servant-Workman Distinction Para 18. Based on the correct understanding of the decision in Masood Bhatti review judgment and the legislative intent underpinning the statutory protections afforded to transferred employees, the dismissal of the distinction between civil servants and workmen among transferred employees in the adopted view risks oversimplifying a legal reality that is both structurally and historically significant. The statutory framework did not adopt a blanket approach to all categories of employees; rather, it preserved rights according to their pre-existing legal character. In ...
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Article-283[ Regarding Commentary on PTET’s Discriminatory Conduct under GM PTET]

Note:- Here is the even more aggressive and strengthened version, incorporating criticism of both GM PTET Mr. Farooq and Advocate Shahid Anwar Bajwa (the counsel who gave the solemn undertaking). Updated Legal Commentary on PTET’s Malafide Conduct The conduct and behaviour of General Manager PTET, Mr. Farooq, and the role of Mr. Shahid Anwar Bajwa, ASC, towards Non-VSS (normally retired) PTCL pensioners is highly deplorable, mala fide, discriminatory, and constitutes a brazen Contempt of Court. In the Supreme Court order dated 15 February 2018, Mr. Shahid Anwar Bajwa, ASC, appearing for PTCL/PTET, gave a solemn, categorical, and unconditional undertaking before Justice Gulzar Ahmed that all petitioners besides VSS optees would be granted full government pension along with incentive pay. He assured the Court that no recovery or deduction would be made and that government-announced increases would be extended from time to time. This undertaking was given on behalf of PTCL/PTET and bound ...
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Article-282 [ Regarding Details of the Supreme Court Judgments Details of the Supreme Court Judgments] 1. Judgment Dated 15 February 2018 • Court: Supreme Court of Pakistan (Bench headed by Justice Gulzar Ahmed). • Case: Multiple petitions including Criminal Original Petition No. 53/2015 and connected matters regarding PTCL pensioners. • Key Ruling: The Supreme Court granted Government Pension along with periodic increases to 342 normally retired PTCL pensioners who had attained the age of 60 years. • Important Points: • These pensioners belonged to various grades — from Grade 1 to Grade 15 and above. • Some were recruited through the Federal Public Service Commission (FPSC) examination, while others joined through different recruitment channels prevailing at the time of transfer from the T&T Department. • The Court made no distinction based on grade or method of recruitment. • Only Voluntary Separation Scheme (VSS) optees were generally excluded; all normally retired pensioners at age 60 were held entitled. • PTCL/PTET were directed to make immediate payments.
Notably, after this judgment, PTET/GMPTE itself issued individual letters to all 342 pensioners across all grades, clearly stating the amount of government pension and arrears payable. At that time, no objection was raised regarding their status as “workmen”. This judgment was a major milestone that firmly recognized the pension rights of PTCL pensioners transferred from the T&T Department. 2. Landmark Judgment Dated 10 July 2025 • Court: Supreme Court of Pakistan (3-member bench headed by Chief Justice Yahya Afridi, including Justice Amin-ud-Din Khan and Justice Ayesha A. Malik). • Decision: 2:1 Majority (Chief Justice Yahya Afridi and Justice Amin-ud-Din Khan in favour; Justice Ayesha Malik dissenting). • Case: Over 200 appeals and petitions concerning pension rights of employees transferred from the defunct T&T Department to Pakistan Telecommunication Corporation (PTC) and later to PTCL. Key Rulings and Observations: • Employees transferred from T&T do not remain civil servants in the strict sense, but their pensionary rights are fully protected. • These rights are not frozen/static at the time of transfer but are dynamic and evolving — they must remain at par with benefits given to similarly placed government servants. • The Court referred to Section 9 of the Pakistan Telecommunication Corporation Act, 1991 and Section 36 of the Pakistan Telecommunication (Re-organization) Act, 1996. • PTCL and PTET were declared bound to provide full government pension benefits and were directed to prepare and implement a payment schedule within 90 days. • Financial constraints could not be used as an excuse to deny payments. • The narrow interpretation attempting to label most transferred employees as “workmen” to deprive them of benefits was rejected by the Court. Note: PTCL had filed a review petition against this judgment, which was dismissed. PTCL/PTET were also directed to verify data of eligible pensioners. Summary In both judgments (2018 and 2025), the Supreme Court has clearly upheld the right of normally retired PTCL pensioners (excluding VSS cases where specified) to receive Government Pension and its increases. The 2018 judgment covered 342 cases across all grades, while the 2025 judgment further strengthened and widened these rights, making PTET/PTCL fully bound to implement them without discrimination. The current stand of PTET — restricting benefits only to a handful of pre-01 January 1991 Grade-17 FPSC inductees and labeling all others as “workmen” — is widely viewed as being against the letter and spirit of these Supreme Court verdicts. If you need more details, specific paragraphs from the judgments, or any other clarification, please let me know.

 MTA Grok-7 Details of the Supreme Court Judgments 1. Judgment Dated 15 February 2018 • Court: Supreme Court of Pakistan (Bench headed by Justice Gulzar Ahmed). • Case: Multiple petitions including Criminal Original Petition No. 53/2015 and connected matters regarding PTCL pensioners. • Key Ruling: The Supreme Court granted Government Pension along with periodic increases to 342 normally retired PTCL pensioners who had attained the age of 60 years. • Important Points: • These pensioners belonged to various grades — from Grade 1 to Grade 15 and above. • Some were recruited through the Federal Public Service Commission (FPSC) examination, while others joined through different recruitment channels prevailing at the time of transfer from the T&T Department. • The Court made no distinction based on grade or method of recruitment. • Only Voluntary Separation Scheme (VSS) optees were generally excluded; all normally retired pensioners at age 60 were hel...
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Article-281[Regarding Harsher Critical Analysis of the Supreme Court Judgment dated 10 July 2025 – With Sharp Focus on PTCL’s Role]

*  The Supreme Court’s 2-1 majority judgment of 10 July 2025 (headed by Chief Justice Yahya Afridi) was intended as a landmark victory for transferred T&T/PTC employees and pensioners. It declared their pensionary benefits as dynamic and evolving “living rights” and held that PTCL and PTET are jointly duty-bound to ensure full implementation. Yet, nearly ten months later, the verdict stands exposed as another instance of judicial optimism clashing with institutional defiance — and no entity bears greater responsibility for this failure than PTCL management itself. PTCL’s Deeply Problematic Role PTCL’s handling of the judgment reveals a persistent, calculated pattern of resistance rather than compliance. Immediately after the verdict, instead of embracing the Court’s clear directive to prepare a transparent disbursement schedule within 90 days, PTCL resorted to its familiar playbook: it announced the start of a “complex and time-consuming” pensioners’ data verification process...
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Article-280 [Regarding Implementation Issues with PTET Following the 2016 Supreme Court Judgment (Masood Ahmed Bhatti Case, 2016 SCMR 1362)]

  The 2016 Supreme Court judgment in PTCL & others vs. Masood Ahmed Bhatti & others (2016 SCMR 1362) was a landmark ruling. A five-member larger bench headed by Chief Justice Anwar Zaheer Jamali dismissed PTCL’s review petitions and upheld the statutory protection of terms and conditions of service — including pensionary benefits — for employees transferred from the erstwhile T&T Department to PTC and later to PTCL. The Court reaffirmed that these rights, safeguarded under Section 9 of the 1991 Act and Sections 35/36 of the 1996 Act, could not be varied to the disadvantage of the transferred employees. The Federal Government was also bound to guarantee these protections. Despite this clear affirmation, implementation by PTCL and PTET remained slow, partial, and highly contentious, mirroring many of the same problems seen after the 2025 judgment. Major Implementation Issues with PTET Post-2016 1. Partial and Selective Compliance
PTET and PTCL implemented the judgment...
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Article-279[Regarding Impact of PTCL Privatization on Transferred T&T/PTC Employees and Pension Rights]

PTCL was privatized in 2005–2006 when the Government of Pakistan sold 26% shares along with management control to Etisalat (UAE) for approximately $2.6 billion. This was part of a broader privatization drive. While the transaction aimed to bring efficiency, investment, and competition to the telecom sector, it created lasting complications for employees transferred from the Telegraph & Telephone (T&T) Department to Pakistan Telecommunication Corporation (PTC) in 1991 and then to PTCL in 1996.The Pakistan Telecommunication (Re-organization) Act, 1996 (particularly Section 36) and the Pakistan Telecommunication Corporation Act, 1991 (Section 9) explicitly protected the existing terms and conditions of service, including pensionary benefits, for these transferred employees. They ceased to be civil servants but retained statutory safeguards that could not be varied to their disadvantage. The Pakistan Telecommunication Employees Trust (PTET) was created as a facilitative mechanism...
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