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Article -297 [Regarding the analysis of various Supreme Court cases in favour of PTCL Pensioners petitioners which are also extendable Non Petitioners PTCL pensioners]

Here is below the list of some Supreme Court different cases for the benefits of PTCL Pensioners petitioners,All such benefits are extendable to Non Petitioners PTCL Pensioners in accordance with the ruling given by SC in Hameed Akhtar Niazi v. Secretary Establishment Division Reported in 1996 SCMR 1185 1. Masood Bhatti & Others vs Federation of Pakistan & others (2012 SCMR 152) 2. PTCL vs Masood Bhatti (2016 SCMR 1362) 3. PTET vs Muhammad Arif (2015 SCMR 1472) 4. Muhammad Riaz vs Federation of Pakistan (2015 SCMR 1783) Deep Analysis 1. Masood Ahmed Bhatti v. Federation of Pakistan Background of the Case This was one of the most important judgments concerning former T&T Department employees who were transferred first to the Pakistan Telecommunication Corporation (PTC) and later to PTCL after privatization and restructuring. The principal issue before the Supreme Court was whether the transferred employees lost their statutory protections, service structure, pensionary right...

Article-298 [Regarding Deep Analysis: PTCL v. Iqbal Nasir, PLD 2011 SC 132]

 *** 1. Core conclusion PTCL’s reliance on PTCL v. Iqbal Nasir, PLD 2011 SC 132 against transferred regular employees of T&T/PTC/PTCL is legally weak, misconceived, and misleading. The Iqbal Nasir judgment mainly dealt with: contract employees, daily-wage employees, Telecom Foundation employees, ad hoc/temporary employees, and VSS-related disputes where no statutory service rules governed the claim. It did not decide that regular transferred employees of T&T/PTC who came into PTCL on 01-01-1996 lost all statutory protection of their protected terms and conditions of service. That issue was later authoritatively settled in Masood Bhatti cases, especially: Masood Ahmed Bhatti v Federation / PTCL — 2012 SCMR 152 and PTCL v Masood Ahmed Bhatti — 2016 SCMR 1362, five-member bench review dismissal. The five-member bench made it clear that Iqbal Nasir was not applicable to the protected transferred employees. ⸻ 2. Background of Iqbal Nasir case In Iqbal Nasir, PTCL filed several a...

Text of PTCL Vs Iqbal Nasir case ie P L D 2011 Supreme Court 132]

Note:- PTCL often relies on Iqbal Nasir case ie PTCL Vs Iqbal Nasir case ie P L D 2011 (Detail Judgement of case given below ) , which came in the PTCL favour .PTCL filed the Appeal in SC, against the judgments passed on different dates by the High Court of Sindh at Hyderabad & Karachi, Peshawar High Court at Peshawar and D.I. Khan and Lahore High Court at Multan & Lahore in Constitution/Writ Petitions filed by the respondents/employees of the appellant company "Pakistan Telecommunication Co. Ltd.".  Text PAKISTAN TELECOMMUNICATION CO. LTD. through Chairman VS IQBAL NASIR P L D 2011 Supreme Court 132 Present: Iftikhar Muhammad Chaudhry, C.J., Tariq Parvez Khan and Ghulam Rabbani, JJ PAKISTAN TELECOMMUNICATION CO. LTD. through Chairman-Appellant Versus IQBAL NASIR and others---Respondents Civil Appeals Nos.468, 471-474, 632, 633, 852-859, 883-892, 899-901, 950 and 974 of 2010, decided on 23/12/2010. (On appeal from the judgment dated 22-12-2009 passed by the High Court...

Article-288[Regarding additional details Para 20 to Para 25 from the opinion of Hon’ble Chief Justice Yahya Afridi in Civil Appeal No. 1509 of 2021, etc.]

 Article-288[Regarding additional details Para 20 to Para 25 from the opinion of Hon’ble Chief Justice Yahya Afridi in Civil Appeal No. 1509 of 2021, etc.] Here’s a comprehensive, refined, and to-the-point summary of Paragraphs 20 to 25 from the opinion of Hon’ble Chief Justice Yahya Afridi in Civil Appeal No. 1509 of 2021, etc. (Pakistan Telecommunication Company Ltd. v. Imran Aziz and others). This forms the majority view (supported by Justice Amin-ud-Din Khan), disagreeing with the dissenting opinion of Justice Ayesha Malik. Key Legal Principles (Paras 20–22) 20. Distinction between Civil Servants and Workmen
The distinction between civil servants and workmen among the transferred employees (from T&T to PTC and then PTCL) is rooted in the pre-existing legal reality at the time of transfer. • Civil servants originally enjoyed statutory protections ensuring evolving pensionary rights. • Workmen did not possess similar statutory entitlements. Even though the legislative...

Article-287 [ Regarding Comprehensive Legal Analysis of the Supreme Court Judgment Dated 12-06-2015]

  Subject:-PTET  undoubtedly  responsible for disburse the GoP pension to all retired PTCL employees ,  retired through  any mechanism Dear all PTCL  Pensioners  The judgment of the Honourable Supreme Court of Pakistan dated 12-06-2015, reported as PTET v. Muhammad Arif, is undoubtedly the foundational and controlling judgment regarding the pension rights of transferred T&T/PTCL employees.This  judgment forms the legal backbone of the entire pension dispute and strongly supports the position that all transferred T&T employees who retired after transfer to the Corporation and Company are entitled to Government of Pakistan pension and all subsequent increases announced by the Government. Comprehensive Legal Analysis of the Supreme Court Judgment Dated 12-06-2015 I. Nature and Importance of the Judgment This was not: • an interim order, • a concession, • an undertaking, • or a temporary arrangement. Rather, it was: • a fin...