Fwd: Subject:PTET and PTCL misgivings
FYI also
Regards
Tariq
---------- Forwarded message ---------
From: Muhammad Tariq Azhar <azhar.tariq@gmail.com>
Date: Thu, 1 Oct 2020 at 22:33
Subject: Subject:PTET and PTCL misgivings
To: <Secretary@moitt.gov.pk>
Cc: <hamid.farooq@ptet.com.pk>, <rashid.khan@ptcl.net.pk>
From: Muhammad Tariq Azhar <azhar.tariq@gmail.com>
Date: Thu, 1 Oct 2020 at 22:33
Subject: Subject:PTET and PTCL misgivings
To: <Secretary@moitt.gov.pk>
Cc: <hamid.farooq@ptet.com.pk>, <rashid.khan@ptcl.net.pk>
Dear,
Mr. Shoiab Ahmad Siddiqui
Secretary (MoITT)
Islamabad
اسلام و علیکم
As you may be aware that a single bench of the Islamabad High Court , on March 3, 2020, while approving about 35 Petitions of PTCL Pensioners Petitioners, has ordered PTET and PTCL to pay the arrears of Govt announced pension increases and medical allowances arrears etc ,according to their respective prayers in each of their Petitions .But instead of pursuing it, they both filed intra-court appeals against them. PTET filed intra-court appeals against petitions seeking payment of arrears of pension increases as announced by the government and PTCL filed intra-court appeals against petitions seeking payment of medical allowance , since from July 1, 2010 , as announced by the government. In our petition WP-4588/2018, we had prayed only for the payments of the arrears of pension increases , as announced by the Government , which PTET already granted to 343 such PTCL Pensioners Petitioners , as per HSCP order of dated 15th February 2018 . And , accordingly the IHC single bench passed the order on our Petition for the payment only govt pension increases ,after calculation , within sixty days . But instead of paying the same , the PTET has filed an intra court appeal No ICA-98/2020 against us , which is beyond our comprehension. What was wrong with the decision of the single bench of the honourable High Court , in which the PTET filed this intra-court appeal? The decision in favour of the Petitioners was taken by the Hon'ble single bench Judge , in view of various similar decisions of the Supreme Court which stood final, in favor of PTCL pensioners petitioners . Surprisingly, PTCL has also filed Intra-Court Appeal No ICA- 149/2020 on our petition WP- 4588/2018 , against the decision of the honourable High Court .Where we had not prayed for the payment of government announced medical allowances or any other govt allowance etc .
Intra Court appeals always filed against the order of a single bench of high court,if there is any legal defect or error . But the PTCL & PTET filed the Intra court appeals on the same justifications which they had given appeal and review cases in Supreme Court , which were never accepted by the esteemed court. It has been stood final by the Honorable Supreme Court that those PTCL employees transferred from Corporation to Company on January 1, 1996, would be governed by statutory rules of GoP, and their Service Terms and Conditions [ as mentioned in Civil Servant Act in Section 3 to Sanction 22] can not be altered for their disadvantages and even Federal Government is debarred to do so .
PTET and PTCL must had to give our legitimate rights . The PTCL shall pay salaries according to Pay Scales of GoP accordingly since from 1-7-2005 as PTCL has already granted the same pay of according GoP scales to Muhammad Raiaz in accordance to HSCP order reported in Muhammad Riaz vs Federation of Pakistan ( 2015 SCMR 1783) . Similarly PTET shall have to pay GoP increases of pension , which they illegally discontinued wef 1-7-2010 , to all such retired PTCL employees in accordance the HSCP order of dated 12th June 2015 reported in PTET etc Vs Muhammad Arif (2015 SCMR 1472 ) as PTET already granted such GoP pension increases to 343 such retired employees .
By not granting pay as per GoP Pay Scales by PTCL and of not granting GoP announced pension by PTET , they both are seriously violating the HSCP order contained in Hameed Akhtar Niazi case ie in 1996 SCMR 1185 and in Aneeta Turab Ali Case ie PLD 2013 S.C. 195 and not only committing serious contempt of court but also serious violation Aricle -4 & 27 of Constitution of Islamic Republic of Pakistan . PTET and PTCL do all these cases against PTCL employees and retired employees in disgust and try to protect themselves under the guise that it does not have to comply with court orders. If these people think that they will deprive us of our rights by making such irrational cases, then it is a great mistake of all of them. We will never back down from our goal.
Your role as a government guarantor is also very disappointing one against all such PTCL employees whether they are on job or retired.Instead of fulfill the reponsiblty of a garunter as directed by HSCP in Masood Bhattie case ie 2012 SCMR 152 that"Federal Government to provide a guarantee as aforesaid, if PTCL stood saddled with the liability of pensionary benefits and the terms and conditions of service of employees transferred to it", you are discriminating with them.
Sincerely Yours
اسلام و علیکم
As you may be aware that a single bench of the Islamabad High Court , on March 3, 2020, while approving about 35 Petitions of PTCL Pensioners Petitioners, has ordered PTET and PTCL to pay the arrears of Govt announced pension increases and medical allowances arrears etc ,according to their respective prayers in each of their Petitions .But instead of pursuing it, they both filed intra-court appeals against them. PTET filed intra-court appeals against petitions seeking payment of arrears of pension increases as announced by the government and PTCL filed intra-court appeals against petitions seeking payment of medical allowance , since from July 1, 2010 , as announced by the government. In our petition WP-4588/2018, we had prayed only for the payments of the arrears of pension increases , as announced by the Government , which PTET already granted to 343 such PTCL Pensioners Petitioners , as per HSCP order of dated 15th February 2018 . And , accordingly the IHC single bench passed the order on our Petition for the payment only govt pension increases ,after calculation , within sixty days . But instead of paying the same , the PTET has filed an intra court appeal No ICA-98/2020 against us , which is beyond our comprehension. What was wrong with the decision of the single bench of the honourable High Court , in which the PTET filed this intra-court appeal? The decision in favour of the Petitioners was taken by the Hon'ble single bench Judge , in view of various similar decisions of the Supreme Court which stood final, in favor of PTCL pensioners petitioners . Surprisingly, PTCL has also filed Intra-Court Appeal No ICA- 149/2020 on our petition WP- 4588/2018 , against the decision of the honourable High Court .Where we had not prayed for the payment of government announced medical allowances or any other govt allowance etc .
Intra Court appeals always filed against the order of a single bench of high court,if there is any legal defect or error . But the PTCL & PTET filed the Intra court appeals on the same justifications which they had given appeal and review cases in Supreme Court , which were never accepted by the esteemed court. It has been stood final by the Honorable Supreme Court that those PTCL employees transferred from Corporation to Company on January 1, 1996, would be governed by statutory rules of GoP, and their Service Terms and Conditions [ as mentioned in Civil Servant Act in Section 3 to Sanction 22] can not be altered for their disadvantages and even Federal Government is debarred to do so .
PTET and PTCL must had to give our legitimate rights . The PTCL shall pay salaries according to Pay Scales of GoP accordingly since from 1-7-2005 as PTCL has already granted the same pay of according GoP scales to Muhammad Raiaz in accordance to HSCP order reported in Muhammad Riaz vs Federation of Pakistan ( 2015 SCMR 1783) . Similarly PTET shall have to pay GoP increases of pension , which they illegally discontinued wef 1-7-2010 , to all such retired PTCL employees in accordance the HSCP order of dated 12th June 2015 reported in PTET etc Vs Muhammad Arif (2015 SCMR 1472 ) as PTET already granted such GoP pension increases to 343 such retired employees .
By not granting pay as per GoP Pay Scales by PTCL and of not granting GoP announced pension by PTET , they both are seriously violating the HSCP order contained in Hameed Akhtar Niazi case ie in 1996 SCMR 1185 and in Aneeta Turab Ali Case ie PLD 2013 S.C. 195 and not only committing serious contempt of court but also serious violation Aricle -4 & 27 of Constitution of Islamic Republic of Pakistan . PTET and PTCL do all these cases against PTCL employees and retired employees in disgust and try to protect themselves under the guise that it does not have to comply with court orders. If these people think that they will deprive us of our rights by making such irrational cases, then it is a great mistake of all of them. We will never back down from our goal.
Your role as a government guarantor is also very disappointing one against all such PTCL employees whether they are on job or retired.Instead of fulfill the reponsiblty of a garunter as directed by HSCP in Masood Bhattie case ie 2012 SCMR 152 that"Federal Government to provide a guarantee as aforesaid, if PTCL stood saddled with the liability of pensionary benefits and the terms and conditions of service of employees transferred to it", you are discriminating with them.
Sincerely Yours
Muhammad Tariq Azhar
Retired PTCL officer (B-19)
Main Petitioner of the Case in IHC
WP-4588/2018
Dated 1st October 2020
Retired PTCL officer (B-19)
Main Petitioner of the Case in IHC
WP-4588/2018
Dated 1st October 2020
Sent from Rawalpindi Pakistan via iPad
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