Article-173 Part-2 [Draft for non VSS-2008 optees PTCL retired employees]

Article -73 [Part -2] "Draft for VSS -2008 Non Pensioners" جیسا کے یہ میں نے اس آڑٹیکل کے پاڑٹ ون بتایا تھا ، میں نے وہ۔ڈرافٹ بنادیا جو ھر ایک نان پننشر وی ایس ایس آپٹیز نے بھیجنا ھے رجسٹڑڈ میل یا اور کسی زریعے مگر سب کے پاس وھاں بھیجنے اور موصول کی رسید اور اسکی ایک کاپی ریکاڑڈ کے لئے اپنے پاس رکھنی ھوگی۔ 

بھیجنے والے لفافے پر ایڈرس لکھنے سے

لکھنا پڑے گا ایسے .

 (طارق) "

Human Rights Cell Case" 

To, 

Honorable Chief Justice of Pakistan 

Supreme Court of Pakistan 

Constitution Avenue, G-5/2 

Islamabad 

[D A R F T] 

 To, 

Honourable Chief Justice of Pakistan 

Supreme Court of Pakistan 

Constitution Avenue, G-5/2 

Islamabad 

 Subject: Urgent Appeal for Justice: Flagrant Violation of Pension Rights for PTCL Employees.Crulety, abuse, and injustice perpetrated by PTCL and PTET against more than 12 thousand government employees through the VS 2008 scheme, depriving them of their rightful pension despite qualifying for it as per government pension rules , due to their ten years or more of service. Honorable Respected Sir, A-o-A I am writing to urgently highlight a profound injustice affecting over twelve thousand former employees of Pakistan Telecommunication Company Limited (PTCL) who have been denied their rightful pensions following their participation in the Voluntary Separation Scheme (VSS) of 2008. In the VSS of 1997-1998, pensions were granted to optees whose Qualified Service (QoS) was ten years or more, in accordance with Section 474-AA of the General Service Rules (GSR), which stipulates that a retired government servant must have a minimum QoS of ten years or more to be eligible for pension. However, in the VSS of 2008, PTCL unlawfully changed this rule and granted pensions only to those whose QoS was twenty years or more, in direct contravention of Section 474-AA of the GSR. Despite meeting this criteria, individuals with ten years or more of qualified service but less than twenty years were unjustly denied pension benefits under the VSS of 2008. This discriminatory exclusion of eligible employees represents a clear violation of Article 27 of the Constitution of the Islamic Republic of Pakistan, which prohibits discrimination based on various grounds, including service tenure for entitlement to pension benefits. This arbitrary change has inflicted significant economic hardship and suffering on these retirees and their families, depriving them of essential benefits guaranteed by law. It is essential to note that these more then twelve thousand former PTCL employees held a status akin to civil servants, as they were previously employed by the T&T Department and PTC. Their terms and conditions of service were governed by Section 9(2) of the PTC Act, 1991, and Section 35(2) of the PT Reorganization Act, 1996, which fully protected their statutory rights. In this regard, a five-member bench of the Supreme Court, decision is referred , recorded in 2016 SCMR 1362 .On February 19, 2016, they dismissed PTCL and PETE's review petition, clarifying that the former employees of T&T Department & PTC working in PTCL would not remain Civil Servants any longer. However, the terms and conditions of their service, protected by Section 9(2) of the PTC Act, 1991, and Sections 35(2), 36(a), and (b) of the Act of 1996, are essentially statutory. PTCL and the government have no authority to modify or alter their statutory rules to their disadvantage. Furthermore, the pursuit of justice through the high courts was marred by deliberate delay tactics. Notably, Justice Mian Gul Aurangzeb of the Islamabad High Court presided over a case involving Ghulam Sarwar and others against FoP & PTCL (Writ Petition No. 2114/2016). The case was filed on May 31, 2016, and the hearing commenced on March 17, 2017 and copmpleted on April, 22, 22017. However, the decision was not announced until June 12, 2017, stating that he (Justice Mian Gul Aurangze) , had not written the decision yet and would announce it after summer holidays. But surprisingly, he started the hearing of the case again at the behest of PTCL and PTET counsel on September 27, 2017. He eventually reserved the decision again on February 18, 2018, after the second hearing of the case, which remained reserved for almost a year until March 19, 2019. Subsequently, during the hearing on March 19, 2019, the cases were clubbed with those of many PTCL pensioners. On February 13, 2020, the non-pensioners' case (2114/2016) was unclubbed from the regular pensioners' cases, and on February 20, 2020, it was dismissed on the ground of non-maintainability, refraining from passing a decision on the merits. These prolonged delays and dismissals have humiliated the petitioners for four years, raising questions about the delayed justice and the ordeal faced by those seeking their rightful entitlements. During this prolonged legal battle, the affected non-pensioners have faced unimaginable economic distress and hardship. They are now enduring dire circumstances in their retirement years, struggling to make ends meet without the vital financial support of their rightful pensions. Many of these individuals are unable to afford basic necessities and essential medical care due to the callous and unjust actions of PTCL and PTET, who have illegally deprived them of their legitimate pension rights and the accompanying medical facilities normally granted to pensioners. The denial of their rightful pension benefits has plunged them into poverty and uncertainty, despite their dedicated service to the nation through PTCL. This unjust situation not only violates their constitutional rights but also highlights a grave humanitarian crisis affecting these retirees and their families. I appeal to your esteemed office, Chief Justice, to intervene decisively and swiftly to rectify this injustice. Expedite redress for those wrongfully deprived of pension benefits under the VSS of 2008 and ensure that they receive the compensation and support they urgently need to alleviate their suffering. Thank you for your attention to this urgent matter. 

 Sincerely,

 [Your Name]

 Retired__________B( ) under VSS -2008 Scheme without pension QoS at the time of Retirement ie March 2008 :-___ years Employee#:________________ CNIC # ____________________ Contact Number_____________ Mailing Address______________ Date________________