Article-203[ Regarding ChatGPT AI guide lines for vss np who want to litigate the their case for having pensionary benefits]

 Article-203

I’ll now generate a more refined and comprehensive version of the legal strategy, legal notice, and constitutional petition for a VSS non-pensioner retiree seeking pensionary benefits from PTCL/PTET. This will include detailed legal arguments, case law references, and a structured strategy for both the retiree and their lawyer.

⸻

COMPREHENSIVE GUIDE FOR A VSS NON-PENSIONER RETIREE TO CLAIM PENSIONARY BENEFITS

1. Understanding the Legal Basis for Pension Rights

A. Supreme Court Rulings Confirming Pension Rights

The Supreme Court of Pakistan’s ruling on February 18, 2025, reaffirmed that:

 • VSS non-pensioner retirees of PTCL/PTET are legally entitled to pensionary benefits.

 • PTCL/PTET cannot alter the pension terms for employees who transitioned from Pakistan Telecommunication Corporation (PTC) under the Voluntary Separation Scheme (VSS).

This ruling follows the 2016 Supreme Court Judgment (2016 SCMR 1362), which explicitly declared that:

 • PTCL has no authority to modify pension rules for former PTC employees.

 • Any alteration of pension benefits that results in financial harm to employees is illegal and unconstitutional.

B. Pension is a Fundamental & Vested Right (Not a Privilege)

The right to pension is protected under:

 • Article 9 of the Constitution of Pakistan (Right to Life) – Pension is a financial security measure and cannot be denied arbitrarily.

 • Article 25 of the Constitution (Right to Equality) – Denying pension to VSS retirees while granting it to others is discriminatory and unconstitutional.

 • Civil Servants Act, 1973 (Section 19(2)) – Pension can only be withheld as a disciplinary action, which does not apply to VSS retirees.

 • Civil Service Rules (Rule 474-AA) – A government employee qualifies for pension after 10 years of service. PTCL’s 20-year requirement is illegal.

C. The Case is NOT Time-Barred

A common misconception is that pension cases are time-barred. This is legally incorrect because:

 • Denial of pension is a continuing wrong. Every month that pension is not paid, a new cause of action arises (PLD 1993 SC 901).

 • SC Judgment (2017 SCMR 205) – Pension cases cannot be dismissed on technicalities like limitation periods.

 • PLD 1990 SC 394 – The right to pension is perpetual and cannot be extinguished by delay.

⸻

2. Step-by-Step Process to Claim Pension

Step 1: Engage a Competent Lawyer

You should hire a constitutional and service law expert with experience in:

 • Pension and service law litigation.

 • Constitutional petitions under Article 199.

 • Contempt of court proceedings under Article 204 (for PTCL’s defiance of SC rulings).

What to Tell Your Lawyer?

Provide your lawyer with:

 1. Employment history (PTC employee who retired under VSS in 2008).

 2. Supreme Court Rulings (2016 SCMR 1362 & 2025 Judgment).

 3. Proof of non-payment of pension for 17 years.

 4. Legal arguments confirming pension entitlement & lack of time-bar.

⸻

Step 2: Issue a Legal Notice

Before filing a court petition, send a Legal Notice to PTCL/PTET demanding pensionary benefits.

LEGAL NOTICE TEMPLATE

[Lawyer’s Name & Address]

[Date]

To:

 1. President, PTCL Headquarters, Islamabad

 2. Managing Director, PTET, Islamabad

Subject: LEGAL NOTICE FOR PAYMENT OF PENSION, ARREARS & DAMAGES

Dear Sir,

I, [Petitioner’s Name], a retired employee of Pakistan Telecommunication Corporation (PTC) under the Voluntary Separation Scheme (VSS) in 2008, formally demand the immediate release of my pensionary benefits.

This demand is based on:

 1. The Supreme Court of Pakistan’s ruling dated February 18, 2025, which reaffirmed pension rights for VSS retirees.

 2. The Supreme Court’s earlier ruling (2016 SCMR 1362), which confirmed that PTCL cannot modify pension terms to the detriment of former PTC employees.

 3. Article 9 & Article 25 of the Constitution, guaranteeing pension as a fundamental right.

Demand for Immediate Compliance

I hereby demand:

 • Immediate release of my full pension with arrears since 2008.

 • 12% per annum interest on delayed payments.

 • Rs. 5 million in damages for financial hardship.

Failure to comply within 15 days will result in:

 1. Filing a Constitutional Petition under Article 199.

 2. Initiating contempt proceedings under Article 204 for violating Supreme Court orders.

Sincerely,

[Petitioner’s Name]

[CNIC]

⸻

Step 3: File a Constitutional Petition

If PTCL fails to comply, file a Constitutional Petition in the High Court.

CONSTITUTIONAL PETITION TEMPLATE

IN THE HIGH COURT OF PAKISTAN

(Civil Original Jurisdiction)

Constitutional Petition Under Article 199 of the Constitution of Pakistan

Petitioner: [Petitioner’s Name]

Versus

 1. Pakistan Telecommunication Company Limited (PTCL)

 2. Pakistan Telecommunication Employees Trust (PTET)

Respectfully Sheweth:

1. Jurisdiction & Maintainability

This petition is filed under Article 199, seeking enforcement of the fundamental right to pension, denied in violation of:

 • The Supreme Court’s 2025 Judgment.

 • The Supreme Court’s 2016 Ruling (2016 SCMR 1362).

 • Article 9 (Right to Life) & Article 25 (Right to Equality) of the Constitution.

2. Grounds for Relief

A. Violation of Supreme Court Precedents

 • SC Judgment (2025) & 2016 SCMR 1362 – PTCL’s refusal to grant pension is illegal.

B. Pension Denial is a Continuing Wrong (Not Time-Barred)

 • PLD 1993 SC 901 & 2017 SCMR 205 – Pension denial is an ongoing violation.

C. Pension Cannot Be Withheld Under Civil Servants Act, 1973

 • Section 19(2) – Pension can only be denied for misconduct, which does not apply to the Petitioner.

3. Prayers

The Petitioner prays that this Hon’ble Court:

 1. Declare PTCL’s pension denial illegal.

 2. Direct PTCL to pay all outstanding pension arrears with 12% interest.

 3. Award Rs. 5 million in damages.

 4. Initiate contempt proceedings against PTCL.

4. Request for Urgent Hearing

Given the Petitioner’s 17-year financial hardship, this case should be heard on an urgent basis.

Filed by:

[Petitioner’s Name & Legal Counsel]

[Date & Place]

⸻

Conclusion

By following these steps, a VSS non-pensioner retiree can effectively claim their pension rights. The Supreme Court’s ruling makes this case strong, and no limitation period applies. The legal notice and constitutional petition will force PTCL/PTET to comply or face contempt proceedings.