Fwd: Implementation of IHC order of dated 3rd March on Writ Petition WP-4588/2018.

Pasted as received.Today I have sent also an E-mail to Secretory MoITT as my 3rd reminder to him , in this connection with BCC to Sadiq Sanjrani  Chairman Senate.I have pasted my Email copy after this braking news copy.Pl go through it

In two or three days , I will paste the Urdu translation of this my E- mail .

Regards

Tariq 

11-06-2020

ڈئیر پی ٹی سی ایل پینشنرز ساتھیو

بریکنگ نیوز سب سے پہلے

اسلام علیکم ! آج مورخہ11جون کو سینٹ سٹیڈنگ کمیٹی کی میٹنگ زیر صدارتچیئرپرسن روبینہ خالد ھوئی۔ انتظامیہ کی طرف سے سیکرٹری IT شیعب صدیقیصاحب  ۔جائنٹ  سیکرٹری تیمور صاحب  اورPTETt کیطرف جی ۔ایم فاروق صاحبپیش ھوے ۔

کرونا وائرس کی وجہ سے رخسانہ زبیری صاحبہ رحمن ملک صاحب اور ثنا جمالیصاحبہ اور فیصل جاوید اور دوسرے سینٹر نہ آ سکے ۔

میٹنگ کی شروع میں چیئرپرسن روبینہ خالد نے پوچھا آپ نے ابھی تک پینشنرز کوپیمنٹ کیوں نہیں کی جس پر خاموشی اختیار کی گئی اور کوئی جواب نہ دیا اسکےبعد میڈم نے سخت غصے کا اظہار کیا اور کہا تم لوگوں کو شرم آنی چاہیے ۔تم لوگجھوٹ بولتے ھو ۔تم لوگ پینشنرز کا حق کھا رھے ھو ۔ 

ھائی کورٹ/ سپریم کورٹ/ سینٹ / قومی اسمبلی تمام نے پینشنرز کے حق میں فیصلہدیے ہیں ۔اسک باوجود تم لوگ پینشنرز کو پیمنٹ نہیں دے رھے  خود لاکھوں روپے کھارھے ھو ۔میڈم نے جی ایم سے کہا ptet سے کیا بنتا ھے  اس نے جواب دیا ایمپلائزٹرسٹ اس پر میڈم نے کہا کیوں نہ تمہارا ٹرسٹ ختم کر دیا جائے۔یہ ٹرسٹ پینشنرز کےلیے بنا اور تم لوگ پینشنرز کے خلاف چل رھے ھو  کیوں نہ تمہارے ٹرسٹ کو ختم کردیا جائے۔

میڈم آج بہت غصے میں تھیں دوران میٹنگ انکی طبیعت خراب ہو گئی اور انہوں نےپانی پیا اور انکی حالت بہتر ھوئی ۔

سیکرٹری انفارمیشن ٹیکنالوجی صدیقی صاحب نے کہا بلکل پینشنرز کو پیمنٹھونی چاہیئے یہ انکا حق ہے ۔مجھے تھوڑا سا وقت اور دیں میں انشاء اللہ انکا حقدلاؤں گا

سب پینشنرز بھائیوں کو میسج بھیج دیں  ھم 40 ھزار پینشنرز محترمہ روبینہ خالداور تمام سینیٹرز کا شکریہ ادا کرتے ھیں۔

اللہ پاک ھمارا حامی و ناصر ۔ 

       دعاگو

شیراز احمد طارق بھٹی ۔نزیر احمد فداء

راولپنڈی اسلام آباد  11 جون 2020

FYI 

Regards

Tariq

---------- Forwarded message ---------
From: Muhammad Tariq Azhar <azhar.tariq@gmail.com>
Date: Thu, 11 Jun 2020 at 16:04
Subject: Fwd: Implementation of IHC order of dated 3rd March on Writ Petition WP-4588/2018.
To: Secretary@moitt.gov.pk <Secretary@moitt.gov.pk>
Cc: dsadmin@moitt.gov.pk <dsadmin@moitt.gov.pk>, hamid.farooq@ptet.com.pk <hamid.farooq@ptet.com.pk>

                                                       REMINDER -3

Dated 11th June 2020

To 

        The Secretory (MoIT)

         Ministry of Information Technology & Telecom

         Islamabad

Respected Sir

                    It is with great respect that I have sent you two emails on May 6 and 13, 2020, respectively , requesting to your good self to direct PTET , which is under the direct control of Ministry of Information and Technology and Telecom, to comply with the order of the Islamabad High Court dated 3rd March 2020 , given  on our writ petition No. 4588/2018 , while disposing it off .As per Apex court order , the PTET had to make payments within 60 days of the calculated arrears of government pension increases  to those PTCL Pensioners Petitioners , who were recruited prior to the enactment of PTC Act, 1991 .But it is unfortunate that the Trust did not make such payments in due time  and so far.   It is to be added here  ,we had sought payment of arrears of the same Government Pension Increases from the  PTET through the court, which the PTET had already granted to 343 such PTCL petitioners , within fifteen days under the order of the Supreme Court dated February 15, 2018. It may be recalled that the decision was taken by two-member bench of the Supreme Court,  while dealing with contempt of court cases against PTET.It is pertinent to mention here that the contempt of court cases were filed by the affected Petitioners in July 2015, when the PTET had not complied with the June 12, 2015 decision of the Supreme Court. We are attaching a photocopy of the letter issued by GM PTET of  dated February 26, 2018 to one such Petitioner Ijaz Ahmad Arshad as a proof , for your information .That time the GM PTET  complied with the court order within fifteen days, whereas in our case  he has been reluctant to do so and is committing gross contempt of court. 

You , very kindly forwarded our E-mail , dated 13 May 2020 to your Deputy Secretary( Admin). This means it had been ordered from you to  Deputy Secretary( Admin )  to comply with the decision of the IHC of dated 3rd March ,2020 by  MD MD PTET. But it is a pity that the said Board of Trustees of the PTET did not obey your order ie of the Government . Why would this Trust obey your such order ?, who  does not obey the order of the High Court , of the Supreme Court and even of of the Honourable Senate ie Upper House.

As it had been  already mentioned in our previous  E-mails that PTET & PTCL have filed intra-court appeals of dated 23rd April 2020 against  IHC orders of dated 3rd March 2020 on about 35 , such type writ petitions through their lawyer Shahid Anwar Bajwa . In those writ petitions ,our writ petition  # 45888/ 2018 was also included. But despite of the repeated mysteries of their  lawyer, the Court did not issue any injunction , for not complying with the court's decision of dated 3rd March 2020 .The PTET is legally bound to comply with the spirit of such court's order , If they are failed to do so , they are liable to be proceeded under contempt of court proceedings. We can not still understand what  PTET had reservations on the Court's decision on our writ petition 4588/2018 , on which they  filed an intra court appeal against us . In our Writ Petition ,  we had only prayed  for the grant of govt announced pension increases, accordance with the rules and regulations , laid down by the HSCP in the case of Hameed Akhtar Niazi , reported in 1996SCMR1185 , to extend the benefits of decision of the Supreme Court of dated 12th June 2015  , who did not litigate  such case. The decision of the  HSCP  of dated 12th June 2015 relates for the  grant of govt announced pension increases to the T&T employees  , who had been retired after their transfer to PTC  and  PTCL .

It has been learnt that the Trust  is not making the payment on the pretext of not having funds. One of the main reason of this lacking funds for the decline for such payments , as PTET has not been able to collect contributions from PTCL since from 2008, according to the rule.  Where as per Section 45(2) of PT ( Re- organisation ) Act 1996, Board of Trustees of the Trust were duty bound to determine the amount to be contributed by PTCL for the  Pension Fund, at the beginning of each financial year and to obtain payment from Company in accordance to Section 46(d) of the said Act 1996. PTET had been functioning properly for thirteen years under the same government's pension rules accordingly , but then, after the privatization of PTCL, it became under the influence of Etisalat Company , having the Management of PTCL , due to having of 26 %   PTCL Shares. The Board of Trustees failed to take contribution amount Rs 7 billion  for the period since from 2008 to early 2019 from PTCL, which is a huge loss to the Pension  Fund . The other reasons for the lack of funds  is that the Trust spends its money for irrelevant and personal matters. The Board of Trustees spent Rs. 77 Million on lawyers' fees from the said Pension  Fund illegally , in engaging lawyers to litigate  with PTCL Pensioners at will. Where the Trust spent  Rs 3.2 Billion from it on non-essential works, they also invested Rs 408 million from the same  , causing huge losses to the Trust and such  money was also lost. 

The Trust has become a very big unscrupulous institution , because for the purpose for which it was formed, it has completely deviated from it . The main purpose of setting up this Trust by the Government of Pakistan , on January 1, 1996  under Section 44 of PT ( Re- organisation ) Act 1996,  was only to provide to government pension and its benefits etc to the  transferred T&T employees , who had been retired after their transferred to the Corporation & Company under the PTC Act 1996 &  PT ( Re- organisation ) Act 1996 respectively and also going to be retired in  PTCL in due course of time. This Trust is also responsible for payment of such pension and its benefits to  T& T employees retired in T&T Department. The extremely frivolous and illegitimate performance of the Board of Trustees of this Trust has been revealed in a Special Report of the Sub-Committee of  Senate Standing Committee of Information and Technology .  It is very clearly stated in the report that the Board of Trustees are working in the interest of PTCL not for PTCL Pensioners .They are benefitting  to it  at the cost of assets of beneficiaries ( PTCL Pensioners).Some of those above mentioned performances of these Trustees  which are mentioned in the above paragraph , relates to this Special  Report

In the conclusions in the Special  Report , it has been firstly strongly recommended by the Sub Committee  to direct PTET to disburse all entitled PTCL Pensioners their pension increase out of available PTET Funds which are more then Rs 109 Billion as of were December 31, 2018 within period of maximum two months.

This Special Report of the Sub-Committee  of Senate was presented in the session of the Honorable Upper House Senate on January 7, 2020 , which was unanimously adopted by the House in its meeting on January 28, 2020. The Secretary of the Senate Committee forwarded the same Adoption Special Report  of the Sub-Committee of Information and Technology of the Senate Standing Committee, to you on 29 January 2020, with the direction PTET to make the payment of Government Pension Increases to the PTCL pensioners within two months as per the resolution. The same was further forwarded by your office , on 6th Feb 2020  , to the MD PTET , to comply with the resolution and submit a report by February 14, 2020. But instead of following this Senate Resolution, the General  Manager  PTET had given a very unreasonable and unrealistic reply and refused to implement the resolution accordingly. The same reply of the General Manager PTET , you  sent to the Senate Secretariat. If all this is true , then it is very surprising one. But it is a fact that according to this Senate resolution, the Trust  did not make any payment to the PTCL pensioners within the given period of two months, nor to date. It now is very cleared that the Trust and your conduct, non-compliance with the Special Report recommendations passed by the Honorable Upper House Senate on 28th January 2020, is a great insult to the esteemed Upper House Senate . Is It remains to be seen what position the Honorable Chairman of the Senate will take on this and what action will be taken against the Ministry of Technology and Telecom and the PTET .This act of PTET (Trust) has put the esteemed upper house Senate at stake. We , will now demand to the Honorable Chairman of the Senate that the Board of Trustees of the PTET, who have disobeyed the orders of this Honorable Upper House Senate, be immediately dissolved  by amending the Pakistan Telecommunication (Re-organization) Act, 1996.The Pension Fund  of the Trust should be transferred to the AGPR and all its functions should be handed over to  It. And , if this is not legally possible, then in order to provide pensions and other benefits to the retired employees of PTCL, a completely independent body should be set up , in the style of the Controller Military Account Pension by  assigning the power of Board of Trustees & transferring of Pension Fund etc to it.

At last we appeal to you again to implement the decision the Islamabad High Court of dated March 3, 2020, given on our Writ Petition 4588/2018 .And accordingly to that,  the arrears of calculated government pension increases  should be paid to us without any further loss of time. And If the Trust is not capable to pay it due to lack of funds, then Federal Government  should pay the same , being the the Guarantor. The  Federal Government  should first have to declare PTCL bankrupt as it is not providing the required amount of contribution amount for the Pension Fund to the Trust according to the rule. The Honourable Supreme Court  clearly stated in the verdicts in Masood Bhattie case ie Masood Bhattie & others Vs Federation of Pakistan & others , reported in 2012 SCMR 152 that "The only effect of the guarantee is to ensure that in the event PTCL comes incapable of fulfilling its obligations as to pensioners and other benefits , for the reason such as bankruptcy etc, the employees do not suffer from such event of default ."[Para-18]۔

Therefore, if the  3rd March 2020 decision of the apex court is not implemented as in its spirit without any further loss of time, then we have this legal right to file a contempt of court case against the PTET and the Federation of Pakistan .Thanks

Sincerely, your's

Main Petitioner Muhammad Tariq Azhar 

with other Petitioners [WP- 4588/2018 in IHC]

---------- Forwarded message ---------
From: Shoaib Ahmad Siddiqui <secretary@moitt.gov.pk>
Date: Thu, 14 May 2020 at 11:51
Subject: Fwd: Implementation of IHC order of dated 3rd March on Writ Petition WP-4588/2018.
To: Deputy Secretary dsadmin <dsadmin@moitt.gov.pk>
Cc: Muhammad Tariq Azhar <azhar.tariq@gmail.com>

----- Forwarded Message -----
From: "Muhammad Tariq Azhar" <azhar.tariq@gmail.com>
To: "Secretary IT secretary" <Secretary@moitt.gov.pk>, "hamid farooq" <hamid.farooq@ptet.com.pk>
Cc: ddp@ptet.com.pk, "Rashid Khan, President n CEO/PTCL" <rashid.khan@ptcl.net.pk>
Sent: Wednesday, May 13, 2020 4:00:52 PM
Subject: Implementation of IHC order of dated 3rd March on Writ Petition WP-4588/2018.

"REMINDER "


We had requested you through our following e-mail that on our writ petition
WP-4588/2020 , the Honourable Judge of the Islamabad High Court, Mr.
Justice Mian Gul Aurangzeb , in his order of dated 3rd March 2020 ,
directed PTET for such payments of  government pension after calculations ,
within sixty days from the date of receipt such order of the court. But
PTET, instead of obeying the court's order, filed an  intra court appeal
ICA 98/ 2020 on 17-04-2020 against it. But thank God, the double bench of
the apex court, headed by the Hon'ble Chief Justice Athar Minallah, in
spite of the repeated pleas of PTET lawyer Shahid Anwar Bajwa,  he did not
issue a restraining order and issued a notice on it and adjourned further
proceedings till after Eid. The PTET failed to comply order court and did
not make any such payments to petitioners concerned ,till date .

It is to be added here that PTET had already made similar payments to about
343 petitioners , in March 2018 as per order of HSCP of dated 15th Feb
2018. Why are the Trust is reluctant to make the same payment now to us?
.All this is beyond our comprehension.  This Trust ie , PTET  was
established by by the government for the purpose for disbursements
government pension to all such employees , who were retired from the
Company,   after their transfer  from T&T to Corporation and to it. And for
the same such retired PTCL employees petitioners were also ordered by the
HSCP , on June 12, 2015  for making them such payments . Case reported in
PTET vs Muhammad Arif 2015SCMR1472.

It  is a matter of great concern that the Trust has also totally failed  to
fulfil its obligations, according Functions and Power given  as per Clause  46
of P T ( Re-Organisation) Act 1996.

Therefore, you are once again requested for ordering the Trust for the
making such payments ,as ordered by IHC , on the date 3rd March 2020  ,before
EID 2020, to at least to those petitioners only,  who prayed for such
payments in their respective petitions.There should be no abomination in
not giving it.  Otherwise, we will be constrained to file contempt of court
case against the MD PTET and Secretary (MoIT)  and bring them to justice.

Sincerely yours

Muhammad Tariq Azhar & others

Petitioners of WP-4588/2018 in IHC

Dated 13th May 2020

---------- Forwarded message ---------
From: Tariq Azhar <azhar.tariq@gmail.com>
Date: Wed, 6 May 2020 at 11:02
Subject: Implantation of IHC order of dated 3rd March on Writ Petition
WP-4588/2018.
To: hamid.farooq@ptet.com.pk <hamid.farooq@ptet.com.pk>
Cc: Secretary@moitt.gov.pk <Secretary@moitt.gov.pk>, ddp@ptet.com.pk <
ddp@ptet.com.pk>, rashid.khan@ptcl.net.pk <rashid.khan@ptcl.net.pk>


To

      The Managing Director (PTET)

       Pakistan Telecommunication Employees Trust

       Islamabad


Dear Sir,

It is a great pity that PTET once again became hostile towards PTCL
pensioners.On March 3, 2020, a single bench of Islamabad High Court passed
order in  the favour  several PTCL Pensioners Petitioners , on their about
writ 35 petitions , to grant them Government's  pension benefits , but
 contrary
to it, PTET had filed intra-court appeals against all such petitioners on
April 24, 2020  , and sought immediate stay order . But thank God, the
double bench of the Islamabad High Court, headed by the Hon'ble Chief
Justice, Justice Athar Minallah, did not issue any injunction despite the
repeated rumblings of the PTET's lawyer . Ordering the notice, further
proceedings were adjourned till after Eid.

The main question is , whether the PTET had any justification of filing
such intra-court appeal against each of all these petitioners in haphazard
manners .For example they filled intra court appeal ICA 98/2020 against IHC
single bench decision  of dated 3rd March 2029 against my petition No. WP-
4588/2018 , filed  with such other 31 petitioners.  Our only  contention to
 HIHC , that  PTET should be directed to uphold the Supreme Court's order
of June 12, 2015 in favor of PTCL pensioners. It was prayed  ,  for the
implement the order of HSC of dated 12th June 2015  to the petitioners of
the case as well as on the non petitioners , in accordance to the principal
& law laid down by the HSC in case Hameed Akhtar Niazi versus the Secretary
Establishment Division (1996 SCMR 1185) . In this connection the HSCP
reference  of Anita Turab Ali case  PLD 2013 S.C. 195 , titled  Syed
Mahmood Akhtar Naqvi vs. Federation of Pakistan etc was also given , in
which it was stated that a decision given by this Court  [ie in Hameed
Akhtar Niazi versus The Secretary Establishment Division (1996 SCMR 1185) ]
on a point of law will be binding on concerned departmental functionaries
who will be obliged to apply such legal principle in other similar cases
regardless of whether or not a civil servant has litigated it . In
appropriate cases the failure of a state functionary to apply a legal
principle which is clearly and unambiguously attracted to a case, may
expose him to proceedings also under Article 204(2)(a) of the Constitution
and as per In Contempt Court Ordinance X of 1998 , subject to
sub-section(2).

Till date , PTET had not been able to implement the said order of IHC of
dated 3rd March 2020, although the given time , for payment of pension
calculated arrears with in sixty days from the receipt of such court order
to them , have been elapsed already.

So , It is earnestly requested to  your good self to implement it  immediately
IHC order dated 3rd March  2020 without any further loss of time.Failing
which, we constrained to file contempt of Court case against  PTET and
the  Secretary
Ministry of  Information  Federation of Technology , representing  the
Federation of Pakistan  ie the Guarantor .

I beg to remind you Sir , again.


With best wishes &

Regards

Muhammad Tariq Azhar

Retired PTCL officer( B-19)

Main Petitioner    PPO: RF-25866

Dated 6th May 2020
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Sent from Rawalpindi Pakistan via iPad

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Sent from Rawalpindi Pakistan via iPad

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Sent from Rawalpindi Pakistan via iPad