Fwd: Attention . . Attention VSS retired employees Pensione

Attention VSS Opted PTCL Pensioners

I humbly request to all such PTCL Pensioners who have been retired as a result of acceptance VSS package option given by cruel PTCL management , that they should not be disheartened and no be discouraged but trust on Almighty Allah , HE , shall In Sha Allah , do much better for them in future beyond to their expectation.One thing they must note that they have been not debarred by Supreme Court for taking / getting pension from PTCL as per GoP.The SC has just given the intermrelief  to PTCL for payment of pension dues to those who retired after option of VSS and directed the PTCL to exhaust their remedies under section 12(2) CPC through High Court as PTCL/ Petitioner . Where High Courts have to authenticate /declares whether all such VSS optees were govt servants  and whether their service terms and conditions could be altered for their disadvantages including pension benefits in the light of decesion of SC in Masood Bhattie case reported in 2012 SCMR 152  ( this was the main plea of PTCL that their service terms and conditions can altered adversely as they became the contract employees of company after adoption of VSS, hence they can not invoke the jurisdiction of High Court under Article-199 of CoP) . 

In recent many cases in favour VSS retired employees, the High Courts first confirmed and authenticated that such VSS retired petitioners had statutory rules provisions during the service in PTCL and were being governed employees under statutory rules of GoP interlia with the Civil Servant Act-1973 hence their terms and conditions of the service can not be altered adversely as declared by the Supreme in in Masood Bhattie case reported in 2012 SCMR 152  . For example in the case PTCL vs Ali Baber by PHC reported in 2013 PLC 345, the honrable Peshawer High Court  first confirmed and authenticated as written in Para-12 , that such VSS retired PTCL employee ie Ali Baber was such transferred employee of PTCL who had been governed under statutory rules of GoP  during service in PTCL and consequently the PHC allowed him to have pension from the date  when he was retired under VSS in 2008  and the appeal of PTCL was dismissed in this regard.And PTET approved pension for him.

I am very much sure that as per directive of SC when PTCL will approach to High Court for the exhaust their remedy , the High Court ,  will definitely confirm/ authenticate that all such retired PTCL under VSS had statutory rules provision of GoP ( In Sha Allah ) while serving in  PTCL and PTCL had no any power to alter their Service  Terms and Conditions for their disadvantages by any means    [this was the main plea of the council of PTCL Khalid Anwar in the SC that due to adoption of VSS their service terms & condition had been altered and they  became the employee of company, hence they were not entitled of pension as per GoP and also they can not invoke the jurisdiction of the high court under Article -199 of CoP] .When , In Sha Allah , High declares such in favour of VSS retired PTCL pensioner ,  the decesion  of SC of dated 12th June 2015  for grant of pension will automatically come to exist on such all retired pensioner under VSS .But here the main question here is that whether PTCL approaches  early or not  to the high court to exhaust its remedy . I think the PTCL will play delay tactics and avoid to approach the concern court early. To my suggestion , the best way now all such VSS should themselves  approach to high courts and get  such remedy of PTCL exhausted  and declare/authenticate themselves from the high courts  that such retired petitioners under VSS package offered by PTCL , do have the status govt servant in terms of decesion of SC in Masood Bhattie Case , reported in  2012 SCMR 152

Regards

Muhammad Tariq Azhar

20-05-17

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Sent from Rawalpindi Pakistan via iPad

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Sent from Rawalpindi Pakistan via iPad