Article-161[Regarding my tweet of dated 22-1-2023 to HCJ]

 My tweet of dated 22-01-2023 to HCJ

https://twitter.com/mtazhar/status/1617793045751291904?s=61&t=jg2LJ00lq-UKosH6RDBZ2g

Here is the text of appeal attached in the tweet

An appeal of aggrieved  PTCL Pensioners Petitioners to the most  respected hon'ble Chief Justice of Pakistan  Mr Justice Umar Atta Bandial Sb   

The aggrieved thousand PTCL pensioners  petitioners make a most courteous and compassionate appeal to respected hon'ble Chief Justice of Pakistan  for issuing order for  hearing the appeals  filled by PTCL & PTET, pending in HSCP,  since from  December 2021.Which are filled against the decision of the Division Bench of  IHC of dated 2nd November 2021 ,which held that   all such PTCL Pensioners Petitioners,  retired normally and  at superannuation age of sixty years and who fall within the category of section 2(1)(b) of the definition of civil servant of  in the Civil Servants Act, 1973 , are  rightly  entitled of  such Government's Pension , being  announced time  to time for  their retired civil servants .   IHC Division Bench had given  such a decision , accordingly as  per decesion  of of three members bench of HSCP of dated 12th June 2015  ie in PTET & etc Vs Muhammad Arif & etc  reported in 2015 SCMR 1472  of which CRP of PTET & etc also had been dismissed on 17th May 2017.

Where on the 15th Feb 2018 , while disposing off the CoC cases ie  Crl.O.P 53 & 54/2015 by the  two members  bench Honorable Judges of HSCP,  had ordered for   payment  of such Govt's announced pension including incentive pay within 15 days to all such PTCL Pensioners Petitioners only excluding VSS optees. Which  had been paid by PTET/PTCL to all   such 343 PTCL  Pensioners Petitioners accordingly within a given time period by the HSCP. Where , in fact is this that  such order was passed by them  on  the assurance given by the learned council  Mr Anwar Shahid Bajwa of alleged contemners / PTCL/PTET  before the court that all Petitioners beside VSS Optees , would be given pension by the alleged contemners / PTCL/PTET along with incentive pay. But  surprisingly , the same learned council ie Anwar Shahid Bajwa, instead of obeying the order of IHC division bench of dated 2nd November 2021 in true spirit  as of the same nature as of the order of HSCP of dated 15th Feb 2018  , filed appeals (CPLAs) against  all such Petitioners in HSCP in December 2021.His sole purpose of filing such  appeals was just  not to obey the order of the IHC Division  Bench of 2nd November 2021 , from being implemented and to deprive the PTCL pensioners . A question arises as to why PTCL /PTET are then reluctant to pay the government’s announced pension to the petitioners  as per the court order of  dated 2nd November 2021  as they already   complied with such type order HSCP of dated 15th February 2018. 

In the CPLAs ,the points so raised by learned council ie Anwar Shahid Bajwa  are of same nature and already rightfully discussed and answered thoroughly contained in the in the detail judgments  of the cases Masood  Bhattie & etc Vs FoP & etc (2012 SCMR 152 ) &  PTCL Vs Masood Bhattie & etc (2016 SCMR 1362) by eight honorable judges of HSCP . PTCL &  PTET had  never extended the benefits of judgments  of HSCP three members bench order reported in 2015 SCMR 1472 of dated 12th June 2015  to non petitioners PTCL Pensioners .Which are contrary to the directive given by HSCP in  Hameed Akhter Niazi case Vs Secy: Establishment 

Division Govt of Pak (1996 SCMR-1185) and In the case of “Syed Mahmood Akhtar Naqvi and others. Vs. Federation of Pakistan and others commonly  known as Ms. Anita Turab Ali case  reported in PLD 2013 S.C .195. So, for this reason, PTCL &  PTET  are seemed  to be guilty of contempt of court , Hence  it is required that  contempt of court action  may be taken against them  accordingly , as  ruling given by three members Honorable judges bench of HSP in  in the judgment in the Anita turab Ali Case ie PLD 2013 S.C .195 that "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. This article, it may be recalled, grants this Court the power to punish for contempt any person who “disobeys any order of the Court ''.

All such PTCL aggrieved petitioners are very worried .Where also some of the petitioners have even died in destitution, the remaining petitioners are sitting close to the Supreme Court, in the hope that justice  would be done quickly and surely, and their legitimate right be adhered by dismissing all  such appeals of PTCL & PTET.   

It is very humbly  requested to the Honorable Chief Justice to not only dismiss these said  appeals of PTCL and PTET but also issue order to  them not to only  make the payments of Govt Pensions to the respondents within a specified time period but also extend the benefits of the judgment of  HSCP  order of dated 12th June 2015 , reported in 2015 SCMR 1472 to such category of all non petitioners PTCL pensioners , in the light of directives given by HSCP  in the cases ie Hameed Akhtar Niazi v. Secretary Establishment Federal Government and others reported in 1996 SCMR 1185  and in Anita Turab Ali case ie  PLD 2013 SC 195 ,  so that justice prevails.

Thanking  you,  the respected Sir very much , in advance

Sincerely your’s 

Muhammad Tariq Azhar

PTCL Pensioner Petitioner

Respondent in CP-6023/ 2021 & CP-6095/2021

Dated 22nd January 2023