About SHC verdicts of dated 16-5-16 in CP D-835/2015 about VSS-2008 retired PTCL without pension

Dear Shabbir Sb

                                        A-o-A

Recently the SHC high court issued its verdicts of dated 16-5-16 in CP D-835/2015 on the writ petition filed by Ansar Zaidi and I have seen this followingmassage from Tuqeer Sb on Facebook.

GOOD NEWS FOR VSS OPTEES HAVING MORE THAN 10-YEARS REGULAR SERVICE: 

A number of VSS holder Ex-PTCL employees filed cases in Sindh High Court for grant of Pensionary Benifites as per Government of Pakistan policy.These people had been deprived of pension having less than 20-years (19-year & 6-months) regular service.

Mr.Ansaar Hussain Zaidi,Advocate & Ex-SRO PTCL pleaded the case of these VSS optees.The court upon PTCL request ordered to settle all these cases strictly according to law within 4-months period.

Copy of the Order passed by Sindh High Court uploaded here. 

Thanks to Syed Ansaar Hussain Zaidi.He may be contacted for consultation regarding this matter.

Regards,

Muhammad Tauqeer

As for my views/remarks  are concerned on it as you are required by you , I am  not happy on this ie on the above said verdicts of SHC. I think this decision is favourable for PTCL & PTET as no clear cut direction has been given for payment of pensions to VSS retired such PTCL employees ( having statutory rules of GoP provision & having more then ten years qualified service for pension) and time given to PTCL settle the case according to law with in 4 month.  I have firm that they will never accept that they acted unlawfully by not giving them pension that after 4 month they may say that they had taken action as per law & then the court will be question marked and all cases will be again prosecuted to be decided by the court. 

This matter is very much cleared in the eye of law . But the PTCL and PTET malafiedly , unlawfully acted as this was of beyond their power. In my opinion ,Instead of giving such order,  the SHC should issue the order directly for payment pension to all such  VSS retired PTCL employees (having GoP statutory rules provision & having qualified service even more then ten years for pension)  wef the date when they retired under VSS scheme as by not giving them pension in VSS package just after altering their minimum years for pension from ten years from ten to twenty years. Such action of PTCL & PTET was malafide ,unlawful .As neither PTCL nor PTET has any lawful authority to alter minimum qualified service years for pension of such employees from ten years to twenty years for their disadvantages.Pension is the part of the terms & condition of service of such PTCL employees which can not be altered for their. disadvantages.As we, all know very well that as per ruling of SC in Masood Bhattie case(2012SCMR152) that the transferred employees who stood transferred from PTC to PTCL and  became the employees of PTCL wef 1-1-1996 ,would be governed by statutory rules of GoP (as given in the terms and conditions of the service in Govt Civil Servant Rules 1973 from Section 3 to 22) and PTCL &   PTET has no power for alter it for their disadvantages.Where also as per Section 19(1)  of Govt Civil Servant Rules 1973, that  " a Civil Servant is entitled for pension & gratuity on retirement. The minimum qualified service for pension for civil servant is ten years (as per Rule 474AAA of GSR )  but PTCL unlawfully extended  this period to twenty years (for which they had no any power under law) and offered the VSS-2008 package to such transferred employees ( being governed by statutory rules of GoP)  ,after declaring them  redundant, not needed etc and pressurised them to accept that unlawful offer. So thousand of such PTCL pensioners were retired forcibly  without pension. 

On dismissing the CRP of PTCL & PTET against Masood Bhattie case through short order of dated 19-2-16, I started to motivation to such PTCL retired employees retired without pension in VSS-2008,  to first file an appeal to President PTCL and MD PTET to grant them pension from the date when they were retired in 2008 through  VSS in 2007-2008 and if no any positive action is taken by them ,then file writ petition  under Article-199 of Constitution of Islamic Republic of Pakistan in the high court's against them .So  they filled the writ petitions in cases in the different high courts of the country,when  their appeals to President PTCL  & and MD PTET were not acceded. Some filled in LHC and mostly in IHC. 

But this verdicts of SHC relates to the cases of those such retired PTCL employees who had not been granted pension in spite of having twenty years service and more qualified service for pension according to PTCL own ruling.

This above said  verdict of SHC (CP D-835/2015 Akhtar Hussain & others vs PTCL & FoP) filled by such PTCL VSS-2008 pensioners on 19-1-2015 through advocate Mr Ansar Ahmad Zaidi

For your information when it has been confirmed on 19th February 2016 ie when that the CRP of PTCL & PTET against Masood Bhattie case ie 2012 SCMR 152, has been rejected /dismissed by HSC and the decesion in Masood Bhattie case has attained finally, I have decided to motivate & to educate all such VSS-2008 retired PTCL employees without pensions,  to get their pension rights . In this regards ,I have written many Articles in Urdu , just for such PTCL VSS 2008 non pensioner for their motivations to get lawfully their pension rights. All  my these Urdu articles can be seen in blog site ie. tariqazhar.blogspot.com .These   are veryy useful informative and for their taking guide from  it. Some articles have draft of appeal/ Notice &  draft of writ petitions , etc

Regards

Tariq

26-7-16

--
Sent from Rawalpindi Pakistan via iPad