Subject:- Implementation of order of the Resolution of Senate of dated 28th January2020 and of Islamabad High Court of dated 3rd March 2020, for thepayment Government Pension Increases to PTCL Pensioners

Reminder to Secretary (MoITT) for the implementation the order of IHC of dated 3rd March 2020 and Resoulation passed by Senate on 28 th January 2020 , by hook and crook


Dear PTCL friends
A-o-A
Today I sent the following E-mail to Secretary (MoITT) with copy to Honorable Chairman Senate M Sadiq Sanjrani, I want you, all  should also send this mail from your side with your name to the concern as I did. It is also requested  , the hard copy duly signed  , be also sent to all concerned through TCS or UMS.  It is very necessary just to build pressure on them. The draft of the same is also prepared , those who want  to get the same, they should send me their E-mail address on my Email address azhar.tariq@gmail.com
With best wishes
&
Regards
Tariq

---------- Forwarded message ---------
From: Muhammad Tariq Azhar <azhar.tariq@gmail.com>
Date: Wed, 8 Jul 2020 at 19:01
Subject: Subject:- Implementation of order of the Resolution of Senate of dated 28th January2020 and of Islamabad High Court of dated 3rd March 2020, for thepayment Government Pension Increases to PTCL Pensioners
To: <Secretary@moitt.gov.pk>
Cc: <sadiqsanjrani@senate.gov.pk>,   

 Dated 8th July 2020

  To

     Federal Secretary   (MoITT)

     Ministry of Information & Technology

     4 Th Floor Evacuee Trust Building

     ISLAMABAD

Subject: - Implementation of order of the Resolution of Senate of dated 28th January 2020 and of Islamabad High Court of dated 3^rd March 2020, for the payment Government Pension Increases to PTCL Pensioners

Dear Sir

              It is a pity that so far the PTET has neither complied with the unanimous resolution of the Hon'ble Upper House of the Senate dated January 28, 2020, nor the orders the Hon'ble Islam High Court of dated March 3, 2020 to took steps to make these pension payments to the PTCL petitioners as per to pay the pension increases as announced by the Government. Despite of the direction Deputy Secretary (Admn) Ministry of Information and Technology, letter no even of dated 16^th June 2020 that the non Implementation can create undesirable situation. Instead of complying with it, the MD PTE refused it on lame excuses to the Deputy Secretary, Ministry of Information and Technology vide his letter of even number dated June 19, 2020. He informed that only  the Board of Trustees of the Trust has the exclusive power to do to determine pension of PTCL Pensioners on annually bases. This means that they he has given precedence to these powers of the Board of Trustees over the orders of the Hon'ble Supreme Court dated June 12, 2015, in which the Hon'ble Supreme Court had clearly stated that  in connection for the payment of such as per announcement that the Board of  Trustees of the Trust is bound to follow such announcement of Government in respect such employees. The apprehensions of M D PTET that as per Clause 46 (2) (a) of the PT Act 1996, that Board of Trustees have exclusive right to determine , is totally wrong and fabricated. Board of Trustees are responsible to approve such pension according to the Clause 46(1) (d) Act 1996 only. This  clause i.e. 46 (1)(d) is clearly stated by the Honorable Supreme Court in paragraph 18 of its judgment of dated 12^th June 2015 reported in 2015 S C M R 1472. Secondly the PTET Rules 2012 does not exist for transferred employees in PTCL. Peshawar High Court in her order of dated 3^rd July 2014 in the judgment in writ petition No W P -2657 of 2012, filed by Yousaf Afridi & others. The Honorable PHC has ordered that such PTET Rules 2012 will be applicable to those company employees, who have been appointed in the Company after 1^st January 1996. And against this order of PHC, the appeal had been dismissed by HSCP vide her order of dated 12^th June 2015 reported in 2015 S C M R 1472 their Review Petition against it also dismissed by HSCP on 17th May 2017.

Be noted the Senate Secretary Committee vide his letter no even of dated 29^th January 2020 directed  you i.e. The Secretary Ministry of Information and Technology, to comply with the resolution under Rule 196(3) of Rules of Procedure and Conduct of Business of the Senate, 2012. It was imperative to do so and if there was any objection to non-compliance, its report had to be sent to the Senate within two months. If Ministry fails to do so, the decision of the House shall be binding. Now these two months have been elapsed on March 3, 2020, it is now imperative for you to comply with according to above stated rules. According to Hon'ble Senator Rehman Malik, you have to do it at all costs either by hook or crook and if you don't ,it will be serious violation of the Upper House Senate and  the rights of its members will be severely insulted and  privilege motion can be moved.

   
Of course, the implementation of this resolution belongs to the Board of Trustees of PTET, while you can easily get approval from the Board of Trustees, based on the voting casting of the members of the government. You should also keep in mind that these members of the Board of Trustees have never approved and are not approving the pension   increases in accordance to the announcement of the government, directed by HSCP in her decision of dated 12th June the government. Since from the such decision Supreme Court ,  the Trustees of the Board were legally bound to follow the order of HSCP.As the Court had not even issued an injunction on their Civil Review Petition and later on this CRP also dismissed by HSCP on 17th May 2017, but these Board of Trustees of the Trust are still committing severe contempt of the HSCP. No one is going to ask them how they are constantly insulting the decision of the Supreme Court. PTCL Pensioners also reserve the right to file contempt of court cases against all such members of the Board of Trustees and MDs PTET, for continuing to overturn the decision of the Supreme Court. It is to be hoped that Board of Trustees will now act according to the decision of the Court of Senate  resolution and will not insult the  of esteemed institution

.You, as the Government, are urged to fulfil your responsibility and to abide by the decisions of the Court and the Senate in favor of these all PTCL Pensioners, in accordance with its spirit and to expedite the payment of Government Pension increases without any further loss of time.  Thanking you very much, in advance for it.

Sincerely Yours

(Muhammad Tariq Azhar)

A PTCL Pensioner PPO # RF-25866

House # 107/C  Street- 8   Gulraiz Phase –V

Rawalpindi

Copy for information:-

1.                   Honorable Chairman  Senate  Mr. Muhammad Sadiq Sanjrani

Senate Secretariat, Islamabad

2.                   Honorable Senator Robina Khalid

Chairperson Information & Technology Committee

Senate Secretariat, Islamabad

3.                   Honorable Senator Mr Abdul Rehman Malik 

Member Information & Technology Committee

Senate Secretariat, Islamabad

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Tariq