Article-174[Draft of reply to SCP' Questions through the help of ChatGPT]

 Reply with the help of  ChatGPT

Reply  of the two  SC's questions  with the help of ChatGPT. It will be very helpful for our lawyers, if they consider it

Regards

Tariq

Date11-05-2024

Questions

 1. Whether the employees of T&T Department are Civil Servants and weather they are entitled in the  pension and other benefits as available to the civil servants and

 2. Whether the terms and conditions of the retired employees of the T&T Department are considered non-statutory and   whether they have alternative remedy available, rendering petitions before High Court are not maintainable

Reply 

Question 1: Classification of T&T Department Employees

The classification of T&T Department employees is as follows:

- **Grade 16 and Above**: Employees in Grade 16 and above were classified as civil servants under clause 2(b) of the Government Civil Servants Act, 1973. This classification meant that their employment terms, promotions, seniority, and other service matters were governed by the provisions of the Civil Servants Act, 1973. They received salaries based on government grade-wise pay scales and pensions as per the Federal Government Pension Rules.

- **Grades 1 to 15**: Employees in Grades 1 to 15 operated under their own set of rules, distinct from the Government Civil Servants Act, 1973. These rules were originally legislated for the Indian Post and Telegraph Department prior to the subcontinent's partition. Although their salaries were aligned with government grade-wise pay scales, their terms and conditions of service were considered non-statutory.

Question 2: Terms and Conditions of Retired T&T Department Employees

The terms and conditions of retired T&T Department employees varied based on their respective grades:

- **Retired Employees in Grade 16 and Above**: These individuals were subject to statutory provisions under the Government Civil Servants Act, 1973, even post-retirement. This included entitlement to pensions and other benefits governed by the Act.

- **Retired Employees in Grades 1 to 15**: Individuals retired from Grades 1 to 15 had non-statutory terms and conditions. They had the option to seek redressal of grievances through bodies like the National Industrial Relations Commission (NIRC) and Labor Courts, rather than the Civil Servants Act, 1973.

 ◦ Implications of Supreme Court's Decision (2016SCMR1362)

The Supreme Court's decision in   19 Feb 2016 had profound implications for the legal status and entitlements of former T&T Department employees now working in PTCL:

- **Change in Civil Servant Status**: The Court clarified that although these employees are no longer classified as civil servants, they remain subject to specific provisions of the Civil Servants Act, 1973 (sections 3 to 22), governing their terms and conditions of service.

- **Entitlements to Salary and Pension**: Despite not retaining their civil servant status, retired PTCL employees are entitled to receive salary, pension, and gratuity in accordance with the regulations outlined within the Civil Servants Act, 1973. This includes provisions such as section 17 for salary payments and section 19 for pension entitlements.

 ◦ Addressing Contradictory Decisions

The emergence of a contradictory decision by a subsequent three-member Supreme Court bench raises legal challenges and concerns:

- This contradiction challenges the established precedent set by the earlier five-member bench in 2016 regarding pension entitlements and retirement benefits for retired PTCL employees.

  

- Advocate Shahid Anwar Bajwa's representation highlights the statutory entitlements and legal rights of retired employees under the Civil Servants Act, 1973, emphasizing the need to uphold consistency and fairness in legal interpretation.

 ◦ Importance of Legal Consistency and Precedent

Upholding the precedent established by the Supreme Court's five-member bench in 2016 is crucial for maintaining legal consistency and fairness:

- Precedent guides judicial decisions and ensures uniform application of the law, particularly concerning pension entitlements and retirement benefits.

  

- Resolving discrepancies in judicial decisions is essential to protect the statutory rights and entitlements of retired employees under the Civil Servants Act, 1973, and to ensure equitable treatment for all retired individuals.

In summary, addressing the implications of the Supreme Court's decision in 2016SCMR1362, requires a careful examination of the legal status and entitlements of retired PTCL employees, with a focus on upholding consistency and fairness in legal interpretation and decision-making. Clarifying the legal framework surrounding pension entitlements and retirement benefits is essential to safeguarding the rights of retired individuals under the Civil Servants Act, 1973.