Re: ALARMING SITUATION FOR PRESENT SERVING EMPLOYEES OF PTCL IN CASE OF AMENDMENT OF SECTION 35 & 36 OF THE RE-ORGANIZATION ACT.1996
Dear Ansar Zaidi Sb, I don't think it is possible for Govt to alter the Terms and Condition clauses which can adversely affect civil servants. As per Terms & Condition Clause 3(2) of Civil Servants Act-1973 "The terms and conditions of service of any person to whom this applies shall not be varied to his advantages". This sub clause is added in the said Act-1973 by the Ordinance XV of 1994.I know the back ground of this addition. It was apprehensions from some corners that, the govt can change, amend or frame any other rule which can adversely effect to a Civil Servant, as under Clause-25 of the same act any rule can be made by the govt which is necessary carrying out the purpose of this said act. In1994 during the regime of BB this hadf beenadded in cluse-3 of the said act. The terms and conditions of transferred employees in PTCL are fully protected under this act by virtue Section (9) of PTC Act-1991 when the transferred from T&T to PTC and then by virtue of Section -35 & Section-36 of PT(re-Organization) Act-1996.The same was elaborated and confirmed by Supreme Court in Masood Bhattie case reported in 2012 SCMR 152. That the transferred employees from PTC to PTCL on 1st January 1996 ,will be governed by statutory rules i.e. govt rules framed for civil servants by the govt accordingly as per Civil Servants Act-1973. Where PTCL has no power to alter the terms and conditions of such transferred employees for their disadvantages . Even Federal govt is debarred to do so. All such terms and conditions are guaranteed by govt including pensions.So if PTCL PTET want to ammend such Clauses of Act-1991 & Act-1996, it can not be possible .As these clauses have directly linked with Civil Servant Act-1973. The PTCL & PTET are wanted to amend these clauses of Act-1991 & Act-1996 just to avoid legitimate payments of emoluments as per GOP to such transferred employees and PTCL pensioners. If, by any way the Govt is succeeded to amend it, it will be definitely challenged in the High Courts. And High Courts, in no time will declare such amendments unlawful , and as a result of it will be withdrawn accordingly.
Regards
Tariq
5-3-17
Expert opinion of learned Tariq Azher sahib on the issue is still awaited.
From: Masood Bhatti <bhatti.masood@gmail.com>
Sent: Saturday, March 4, 2017 8:03 AM
To: Ansar Z
Cc: Muhammad Amjad Ali Syed; nasir ghori; Syed Maqbool Hussain Zaidi; Syed Ali Ammaar Jafrey; Tariq Azhar; Zair David; muhammad azam; roshan awan; lutuf ali; Muhammad Nawaz Mehar SE Rehab II ANR KTR III; Aziz Ur Rahman; Ubaidullah Sahito/AM Admn-II KTR-3 Karachi/PTCL; aftab.surhio; afroz.alam@hotmail.com; Abdul Ghani Shaikh; Abdul Rauf Baloch E.S North; abid shaikh; Ahmed Hassan; Ahsan Shaikh; Ahsan Shaikh; AMJAD WAHIDI; Anil kumar; Anwar Alvi; Ghafoor Bhutto; RIAZ BAIG GMAIL; SHAUKAT JAMAL ADVOCATE; saleem akhtar; PENSIONER'S TRUST; AFTAB FAISALABAD; Baseer Tahir; Lal Chand; ASLAM MALIK; MULTAN EMPLOYEES; EJAZ VSS; ferozjunejo@hotmail.com; GHULAM MUSTAFA SAMITO; Niaz Hussain Khaskheli; Nasir Iqbal; najm uddin; amad qureshi; QAMARUDDIN QAZI; sardar aurang zeb zeb; Noor uddin Baqai; AZEEM MINHAS VSS; PTCL ISB M. YAHYA; Mazhar Amin; Naeem Ahmad Nadeem; faiz ur Rehman; fazal Rehman; irfanullahptcl@yahoo.com; Sheikh Muhammad Irfanullah; Muhammad Jamil; muhammad jamil; imran_113@hotmail.com; Mazhar Ul Haq Shaikh; mithal.arbani@outlook.com; Mukhtar Malik; shamim_ptu@yahoo.com; Tajammal Minhas; Farhan Younus
Subject: Re: ALARMING SITUATION FOR PRESENT SERVING EMPLOYEES OF PTCL IN CASE OF AMENDMENT OF SECTION 35 & 36 OF THE RE-ORGANIZATION ACT.1996Time is running out. In-service employees may face adversely affect of their terms and conditions of service governed by rules framed under Sec 3 to 22 of CSA, 1973 if amendments in Sec 35 & 36 of the P.T. (Re-Organization) Act, 1996 are made as verified by Raja Riaz Sb. The benefits of labor and hard work of the years transferred employees of their prime life shall be lost.
It seems that in-service employees are not ready to support Raja Riaz Sb as could be seen that no committee has been formed to date. This is pathetic.
I have discussed the case with Nasir Ghouri Sb and both of us have concluded that as a first step, Maqbool Zaidi Sb will collect Rs. 1000/- each from 150 litigant who are in NIRC and Rs. 100 K from the officers who are in High Court with his support. This will be the first light and step which later will join by others.
You, are therefore requested to nominate at least 5 in-service employees to proceed further at fast track.
Regards
Masood Bhatti
On Fri, Mar 3, 2017 at 11:22 AM, Ansar Z <ansar-z@hotmail.com> wrote:
Of course this is very alarming situation if PTCL/PTET/MOIT get successes to amend Section 35 & 36 of the Re-Organization Act.1996
then most of the present working transferred employee would suffer a lot as they will have no protection if amendment passed by
the legislative as per plan. It will be in the interest of serving transferred employee to challenge said move before competent Court
of law as no one will save their future and the employee who have retired or left PTCL is in a save position as proposed amendment
would have no retrospective effect. It is in the best interest to file maximum number of case to yield pressure against PTCL.
Regard
From: Masood Bhatti <bhatti.masood@gmail.com>
Sent: Friday, March 3, 2017 5:26 AM
To: Muhammad Amjad Ali Syed; nasir ghori; Syed Maqbool Hussain Zaidi; Syed Ali Ammaar Jafrey; Tariq Azhar; Zair David; muhammad azam; roshan awan; lutuf ali; Muhammad Nawaz Mehar SE Rehab II ANR KTR III; Aziz Ur Rahman; Ubaidullah Sahito/AM Admn-II KTR-3 Karachi/PTCL; aftab.surhio; afroz.alam@hotmail.com; Abdul Ghani Shaikh; Abdul Rauf Baloch E.S North; abid shaikh; Ahmed Hassan; Ahsan Shaikh; Ahsan Shaikh; AMJAD WAHIDI; Anil kumar; Anwar Alvi; Ghafoor Bhutto
Subject: SUPPORT FUND FOR RAJA RIAZDear All
The twist in Raja Riaz is very much alarming for all those transferred employees who are in service. The Hon'ble Court has virtually closed the case to a blind end. Meanwhile another development reported by Raja Riaz Sb has very much significance to the twist in the case at this stage. The amendment in the P.T. (Re-Organization) Act, 1996 to modify, change and withdraw protection of terms and conditions of service under Sec 35 & 36. If the change is so, nobody could benefit from Raja Riaz Sb case except who are in a court of law. The dream of doubling the salary and pension earned by you through years of labor and hard work; right to promotion; legitimate expectancy of future advancement in respective careers; retirement benefits such as pension; provident fund etc prescribed by rules and regulations framed under Sec 3 to 22 of Civil Servant Act, 1973 shall be ceased.
You are the think tanks and hope for PTCL employees. You should design a strategy to provide safe landing.
I suggest that in service PTCL employees should realize the struggle of Raja Riaz Sb and his strength. He has already done great job. Now all others should join hands with him. They must fulfill their morale duty to finance him at this stage to further speed up his fight and cross all obstacles to make a win win situation for all employees. Therefore, I suggest you to create a fund by the name of "PTCL Fund".
1. All officers in BPS-19 and above should contribute minimum Rs. 10,000/-2. All officers in BPS-16, BPS-17 & BPS-18 should contribute minimum Rs. 5,000/-3. All others should contribute Rs. 1000/-
a. Central fund management committee be formed.b. Regional fund collection committee be formed.c. City fund collection committee be formed.
Regional fund collection committee will forward 80% collected fund whereas retain 4% of collection. Regional fund collection committee will remit 6% to City fund committee and 10% to the field fund collectors. Fund collections books shall be supplied by the Central Fund Management Committee.
Raja Riaz Sb or any other shall submit plan to move court/ demonstration/ electronic media or press media to highlight the issues of transferred employees. In case committee approve litigation of an employee, he may be provided 20% financial support on market base fee of his counsel. The initial target of collection in central fund be set amounting to Rs. 500,000/-only.
Only a good team can win this match. Even a single player like Raja Riaz Sb is in difficult position to defeat all other opponents.
Regards
Masood Bhatti
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Regards
Masood Bhatti
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Regards
Masood Bhatti
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