Reply to Masood Bhattie for his objection on my note ie "PTCL & Govt have no ways to escape????

Dear Masood Bhattie I am not convinced of your view of point and regret and ignore it accordingly. I can only advice you to pl read down the detail judgment of five member bench of HSC of dated 16-3-16 while the dismissing the CRP of PTCL in CRP 247 to 249 of 2011 against the judgement in Masood Bhattie case reported in 2012 SCMR 152 .My view point is totally different from you and I am affirmed on it

It is correct that the  transferred employees from PTC to PTCL on 1-1-1996 , can not be called  as Civil Servants  by virtue of word as they all would be called PTCL employees  but they would governed by the said statutory rules of GoP mentioned in Section-22 to Section-23 of Civil Servant Act 1973, as being governed by the Civil Servants  of GoP ,employed in different GoP daptt  . In Para-6 of the said judgement  of HSCof dated 16-3-16 , it is mentioned:-

   " ... Non of the terms and conditions could be varied to their disadvantages as protected by the which are reproduced above [ ie the T&C are fully protected under Section 9(2) of PTC Act 1991 35(2) of PT ( re- Organization ) Act 1996 ]. Not only the legislature also bound the Federal Government to guarantee the existing terms and conditions of service and rights including pensionary benefits of the transferred employees.  Since by virtue of the aforesaid provision, they became employees of the Corporation in first instance and then Company, they did not remain the Civil Servant any more.But Section -3 to Section -22 in the Civil Servant Act 1973 and protected by the Terms & Conditions provided by Section 9(2) of PTC Act 1991 35(2) , 36(a)  & (b) of PT ( re- Organization ) Act 1996 are essentially statutory.Violation of any of them, would be amenable to the Constitutional jurisdiction of High Court."

I may further add for your information , that for the employees of PTC, the HSC already declared them as Civil Servant in a case , prior to their transfer to PTCL as under:-

"Employees of Pakistan Telecommunication Corporation are Civil Servants within meaning of Civil Servant Act 1973 "

                                                                           [ NLR 1996 Service SC 43]

So you may also go through the Civil Servant Act 1973, especially read the Section-3  to Section -22 of Terms and Conditions of the service of a civil servants, which are also applicable to such transferred employees from PTC to PTCL on 1-1-1996 , as per verdicts of HSC in Masood Bhattie case 2012 SCMR 152

Regards

Tariq

8-10-16

On Friday, 7 October 2016, Masood Bhatti <bhatti.masood@gmail.com> wrote:

Dear All

It seems that Tariq Azhar Sb has not read 2016 SCMR 1362 otherwise he would not be misleading. PTCL transferred employees are no more civil servant. We are all very good singers even greater than Rafi but we sing only in bathroom. Why not Tariq Azhar Sb begin a thousand mile journey with his first step. Others will join him.

Self arguments and self judgments are always favourable. 

Maqbool Zaidi Sb has rightly said that Officer Association is dead horse. I several time suggested to Janab Nasir Ghori Sb to change their leadership. A person like you could be the best to lead. Even Nasir Ghori has not accepted this suggestion. You are in much better position to find a way forward.

I suggest a committee headed by Raja Riaz be formed having members you, Tariq Azhar Sb, Nasir Ghori Sb, etc. You decide a issue and all other should support you.

I suggest that lawyer be selected on his merits instead of promoting  any lawyer like Tariq Azhar Sb is doing. You should take the case to end.

Regards

Masood Bhatti  

On Fri, Oct 7, 2016 at 11:59 AM, syed maqbool hussain zaidi <smhzptcl@gmail.com> wrote:

AoA

Thank you sir. It is need of the hour to aware the employees of their rights and benefits accrued after dismissal of review petitions.

Unfortunately, there are some elements in our row who do not want awareness for their vested interests.

With the core issue of monitory benefits, serving employees need promotions. Each and every officer can not file individual petition and agitate for years. It had better if PTCL Officer Association (almost dead) should come out with a single petition seeking direction by the Court to circulate seniority list of officers in BPS-17, 18, 19 & 20 within one month, as per Seniority Rules. Against Seniority Lists individual representations should be invited within 30 to 45 days. The management should be given 3 months time to decide the representations and promote the representationists under Promotion Rules if they fulfill criteria of seniority-cum-fitness basis.

The designations such as Assistant Engineer, ADE, DE, Director & GM have also statutory protections and management has no right to change their nomenclature / re-designate these posts.

Likewise Workers Unions should also file single petition for the benefits of staff below BPS-17.

We may also seek directions from Court that in this process one regular employee of the Rank of G.M./S.M. and as many as regular officers/officials as per need be a part in this process. The FoP/Ministry of IT &T may also depute officers/officials to help the deprived / affected employees.

Regards,

Maqbool Zaidi. 

On Fri, Oct 7, 2016 at 2:23 AM, Tariq Azhar <azhar.tariq@gmail.com> wrote:

                    "PTCL & Govt have no ways to escape."

I am uploading here a notification of the Finnance Division of Govt of

Pakistan of dated 13th July for the just information of all PTCL

pensioners , for all of those who are still part of PTCL and for all those who left PTCL by any way, that whenever Supreme Court  passes any order in favour of any employee , the Govt of Pakistan always issue such toe of notifications always for the implementation such order to all other such employees having same issue but are not the part of legal  proceeding for such type of cases etc.

According to the ruling  of Supreme Court

"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 cover

only the case of a Civil Servant who litigate but also of other  Civil

Servants, who may have not taken legal proceedings, in such cases, the

dictates and rule of good governance demand that the benefit of such

judgement  by Service Tribunal or Supreme Court  be extended to other

Civil Servants who may not be the parties to the litigation instead of

compelling them to approach the Service Tribunal or any other forums"

Whenever such type of order is issued by Supreme Court, the Govt is

bound to issue such notifications , of which example is as under  just

for your information & to understand ie 

The Honorable Supreme Court of Pakistan has issued order in favour of

three PTCL employees , in Masood Bhattie case reported in 2012 SCMR 152

declaring them of having a status of  civil servants ie as they wouldgoverned by statutory rules of Government Pakistan and their terms and conditions can not be altered for their disadvantages.They can rightlyinvoke the jurisdiction of High Court. This order attained finally, when PTCL review appeal has been dismissed by short  order of HSC ofdated 19-2-2016 fallowed by detail order of dated 16-3-2016, but PTCL or govt neither issued any notification regarding implementation of such orderto all other such category of PTCL employees having same issue nor directly implemented such order to all such category of PTCL employees  as soon as possible . 

Similarly is of Raja Riaz case , reported in 2015 SCMR1738, in which, the HSC had issued order to PTCL grant  him pay,pension, LPR encashment etc as of Govt.The review petition of PTCLagainst such order also dismissed by HSC on 18-8-2015. But still did not implement for him and for other of the same category as of RajaRiaz and also not for others having same category and same issue. This Shows how much PTCL &  Govt of Pakistan respect the honorable Court's decision.Such non compliance  of HSC orders , tantamount to be misconduct and contempt of the court. That is why, now, the HCJ of LHC (in writ petition # WP 25713/2016 filed by Line  Staff Union Lahore) is to take strict action against PTCL for its such  of disobeying  order of HSC. 

Now PTCL has no way to disobey it or to escape ,otherwise PTCL and Govt shall have  to face serious consequences , what ever may be , it may be noted

Regards

Tariq Azhar

7-10-16

CC:

       MoS Ministry of Information Telecom & Technology

       Islamabad 

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Sent from Rawalpindi Pakistan via iPad

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Regards

Masood Bhatti

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Sent from Rawalpindi Pakistan via iPad