Article-189[ Regarding legal notice to Mazhar Hussain MD PTET ]

 Article-189

نوٹ: میں نے اپنے آڑٹیکل 188 میں مظہر حسین ایم ڈی پی ٹی ای ٹی کے کی لئیے لیگل نوٹس بنانے کے لئیے ایک اردو میں مضمون لکھا تھا جسکو ChatGPT انگلش میں Legal Notice میں ، میری ڈائیریکشن کے مطابق تبدیل کردیا ۔آپ لوگ پہلے میرا آڑٹیکل 188 پڑھیں اور پھر یہ آڑٹیکل 189 پڑھیں , تو سمجھ میں آجائیگا آسانی سے.

(طارق)

Legal Notice: Violation of Supreme Court Orders and Refusal to Restore Commuted Pension**  

To

Mr. Mazhar Hussain

Managing Director (PTET)  

Islamabad  

Dear Sir,

I write to you with deep concern and disappointment regarding the persistent refusal of the Pakistan Telecommunication Employees Trust (PTET) to restore my commuted pension as mandated by law. Despite repeated requests and the unequivocal directives of the Supreme Court of Pakistan, PTET continues to disregard its legal and ethical obligations. This letter serves as a **final notice** before I take legal action to safeguard my rights.  

1. Background and Request  

On December 4, 2024,I submitted a formal request titled “Request for Urgent Release of Commuted Portion of Pension After 72 Years of Age as Required by Law"to your office. This letter was accompanied by all relevant documents, including pension records and photographic evidence, requesting restoration of my commuted pension from January 14, 2024, when I attained **72 years of age**. Copies of this request were also sent to:  

1. Director Pension (PTET), Lahore, with complete documentation.  

2. Secretary, Ministry of Information Technology and Telecommunication (MoITT), without attachments.  

Despite ample time to respond, no action has been taken by your office or the Director Pension, nor has any explanation been provided for this inaction.  

2. Legal Basis for My Entitlement  

The Supreme Court of Pakistan, in its landmark judgment dated 

April 24, 2012 (Civil Petitions Nos. 549-559 & 575-589 of 2012) categorically directed the restoration of commuted pensions for eligible retirees. The judgment affirmed the decision of the Service Tribunal dated January 5, 2012, which ruled that:  

1. The commuted portion of a pension must be restored upon the retiree reaching the stipulated age, including increments and arrears.  

2. Restoration is a legal right and must be implemented promptly.  

To enforce this decision, the Federal Government’s Finance Division issued a letter on January 21, 2013, instructing all ministries, departments, and organizations to restore the commuted pensions of employees who retired on or after July 1, 2001, under the 2001 Pay Scales. Furthermore, the Finance Division’s Regulation Wing reconfirmed this obligation in its letter dated July 7, 2015, following the dismissal of the government’s review petition.  

3. PTET’s Non-Compliance and Contempt  

While all government institutions and provincial departments have implemented these directives, PTET remains the sole violator, employing delaying tactics and citing baseless reasons such as "subjudice matters." This non-compliance constitutes a blatant violation of Supreme Court orders** and amounts to contempt of court.

Your organization’s refusal to restore my commuted pension has caused immense financial and emotional hardship. This delay is unjustifiable and reflects PTET’s deliberate attempt to deny rightful benefits to retirees.  

4. Example of Unlawful Practices  

A glaring example of PTET’s misconduct is the case of “Syed Mukhtar Hussain”, a retired Chief Engineer of PTCL. Despite being eligible for pension restoration from “January 1, 2017”, his request was unjustly denied by the Director Pension (PTET) Lahore vide his letter # Pen [PTET LHR] /K/ 22311 Dated 27-11-2016 (Copy Attached) , The reasons provided were baseless that:-

1. His retirement on or after July 1, 2001, supposedly disqualified him.  

2. PTET had not endorsed the **Finance Division’s letter dated July 7, 2015.**  

This denial violates the Supreme Court’s orders and demonstrates PTET’s deliberate non-compliance. Such examples highlight a systematic pattern of neglect and misuse of authority by PTET.  

5. Subjudice Argument: A Misleading Excuse  

Your repeated claim that the matter is "subjudice" is a baseless pretext to avoid compliance. PTET has failed to:  

1. Clarify what specific aspect of this issue is subjudice.  

2. Provide updates on any legal proceedings.  

3. Explain why eligible pensioners have not been made a party to these proceedings.  

This lack of transparency underscores a deliberate intent to delay and deny rightful pensions.  

6. Legal Obligations of PTET  

PTET, as an organization operating under the Ministry of Information Technology and Telecommunication, is bound by the following:  

1. **Supreme Court Judgments**: Orders dated **April 24, 2012**, and subsequent reaffirmations.  

2. **Federal Government Directives**: Letters dated **January 21, 2013**, and **July 7, 2015**.  

3. **Constitutional Obligations**: Article 199 of the Constitution guarantees the enforcement of fundamental rights, including pension restoration.  

7. My Final Demand  

I demand the immediate restoration of my commuted pension, effective **January 14, 2024**, when I turned 72, along with:  

1. **Increments** accrued over the years.  

2. **Arrears** from the due date of restoration.  

3. An explanation for the delay in compliance.  

If you fail to take action or provide a satisfactory response within **15 days**, I will initiate the following actions:  

1. File a petition in the **High Court** under Article 199 of the Constitution to enforce my rights.  

2. Pursue **contempt of court proceedings** against PTET for violating Supreme Court orders.  

3. Seek damages for the financial loss and emotional distress caused by PTET’s unlawful actions.  

8. Conclusion  

Your inaction undermines the rule of law and erodes trust in PTET as a custodian of employees' rights. I urge you to comply with the law and fulfill your responsibilities to avoid further legal consequences.  

Sincerely,  

Muhammad Tariq Azhar

Retired General Manager (OPS)B-19 PTCL  

Karachi  

Employee# 10007620

Mailing Address :- House # 107/C Street-8  Gulraiz Housing Socity

.                                      Phase-5 Rawalpindi

Contact #:- 0300-8249598  

Copy for Information and Required Necssry Action**  

To:

Federal Secretary IT / Chairman PTCL Board,  

Ministry of Information Technology & Telecommunications,  

7th Floor, Kohsar Block, Pak Secretariat, Islamabad.  

Subject:Legal Responsibility to Ensure Compliance with Pension Restoration under Section 36 of the PTCL Reorganization Act, 1996  

Dear Sir,  

It is imperative to remind your office that, as the legal custodian of service terms and conditions under Section 36 of the PTCL Reorganization Act, 1996, you bear the ultimate responsibility for ensuring that the Pakistan Telecommunication Employees Trust (PTET) complies with applicable laws and Supreme Court rulings regarding pension restoration and related benefits.  

The PTET Board operates under the Ministry of Information Technology and Telecommunications. Therefore, it is your statutory obligation to enforce the implementation of the Supreme Court’s landmark judgment dated **April 24, 2012** and the Finance Division’s directives issued on **July 7, 2015**, which explicitly mandate pension restoration for eligible retired employees. The failure of PTET to comply with these legal obligations constitutes a **blatant contempt of court**, for which the Ministry itself cannot evade accountability.  

1. Specific Legal Concerns  

1. **Supreme Court Judgment (2012)**: The Supreme Court directed pension restoration, including increments, for all employees who retired on or after **July 1, 2001**. Despite this, PTET continues to defy this order, failing to restore pensions even for retirees who have reached 72 years of age, as mandated. This violation persists unabated, tarnishing the Ministry’s credibility.  

2. **Finance Division Directives (2015)**: The Finance Division, through its letter dated **July 7, 2015**, instructed all departments to comply with the Supreme Court’s ruling. Other federal and provincial entities implemented these directives without delay, yet PTET remains the sole defaulter.  

3. **Senate Special Committee Resolution (2020)**: On **January 28, 2020**, the Senate unanimously passed a resolution, based on the Special Committee’s findings, mandating a forensic audit of PTET accounts and the release of outstanding pension benefits. Under Rule 193(6) of the Senate Business Rules, the Ministry was legally bound to act within two months, failing which it would be in violation of parliamentary directives. Despite the lapse of **five years**, no tangible progress has been made.  

2. Persistent Violations by PTET  

- PTET’s Board of Trustees, under the undue influence of PTCL, has failed to collect the annual pension fund contributions required by law.  

- Pension funds are being mismanaged, with reckless investments in the stock market leading to significant financial losses, further jeopardizing pensioners’ rights.  

- Eligible retirees are arbitrarily denied pension restoration on baseless grounds, such as claims that the matter is **sub judice**, without specifying the legal status or proceedings involved.  

3. Call for Immediate Action  

The Ministry must recognize that PTET’s actions—or lack thereof—are undermining the rule of law, violating Supreme Court orders, and dishonoring Senate directives. These failures expose both PTET and the Ministry to **legal accountability** and **contempt of court proceedings**.  

As the competent authority, it is your duty to:  

1. **Dissolve the PTET Board** under the provisions of the Reorganization Act, 1996, for failing to fulfill its mandate.  

2. **Transfer PTET’s responsibilities to the Accountant General of Pakistan (AGPR)**, ensuring transparent and lawful disbursement of pensions.  

3. **Enforce compliance with all court orders and Finance Division directives**, ensuring pension restoration with arrears and increments for all eligible retirees without further delay.  

Failure to act promptly will leave the affected pensioners with no option but to seek judicial recourse against both PTET and the Ministry. The Ministry cannot afford to be seen as complicit in this ongoing disregard for the rule of law.  

Yours sincerely,  

[Muhammad Tariq Azhar]  

Retiered General Manager (OPS) (B-19) PTCL

Mailing Address :- House # 107/C Street-8  Gulraiz Housing Socity

.                                      Phase-5 Rawalpindi

Contact #:- 0300-8249598  

 CC

The Director Pension (PTET)

 Central Telegaraph House ( CTH)

 PTCL Building . 1 Meclod Road

Lahore Building, Moje Derya Road, Lahore

PPO # RF-25866

.