Article-210[ Regarding advice of AI Grok ]

 Article-210

AI Grok advice for further steps taken by the respondents (PTCL Pensioners Petitioners in this regards) as per the order of HSCP dated 10th July 2025 against whome the CPLAs of PTET & PTCL  have been dismissed and orders of High court order has been upheld.

My question to AI Grok and reply of AI Grok is reproduced below

(Tariq)

My direction to AI Grok

To 

Grok

PTET  & PTCL have filled CPLAs ie PTET & PTCL vs Muhammad Tariq  azhar and others numbers CPLAs 6023 & 6095/2021 which has been dismissed by the SCP by majority 2:1. and upheld the IHC double bench order of dated 3-11-2021 on their ICA ie PTCL & PTET number ICA-98/2020. In which IHC allowed GoP announced pension increases.

I am here reproducing such order of SCP on 10th July to advise us what steps we have to take now to get the GoP pension difference. arrears and fixing of our pension according to the retired civil servant at present accordingly or wait till submission of schedule within 90 days and further order of HSCP for the disbursement of GoP pension 

This order is given HCJ Yahya Afridi and also approved by Justice Amin -uddin Khan

Yahya Afridi, CJ.- I have had the privilege of reading the judgment authored by Justice Ayesha A. Malik. Accordingly, for the reasons stated above, I respectfully disagree with the conclusion drawn by Justice Ayesha Malik, and hold that:

• CPLA Nos. 412, 420–424, 461–463, and 506 of 2019; CPLA Nos. 424-K, 357-K, and 365-K of 2019; CPLA Nos. 6005, 6006, 6023–6030, 6087–6096, 6101–6106, 6268–6273, and 6364 of 2021, 6453-6456 of 2021; and CPLA Nos. 134–135 of 2022 are dismissed. The impugned judgments of the High Courts are upheld to the extent that they grant pensionary revisions to those transferred employees who were civil servants at the time of their transfer. Such employees are entitled to the continuation of pensionary benefits, including revisions notified by the federal government.

• CPLA Nos. 2107, 2140, 2141, 2143, 2144, 2145, 2146, and 2147 of 2022 are allowed. The impugned judgments are set aside. The petitioners, being civil servants at the time of transfer, are entitled to continued pensionary revisions as per federal government notifications.

• CPLA Nos. 2138, 2139, and 2142 of 2022 are allowed, subject to classification confirmation. The matters are remanded to the relevant High Court for factual determination of the service status of the petitioners at the time of transfer. If the petitioners are found to have been civil servants, they shall be entitled to the continuation of pensionary benefits, including revisions notified by the federal government.

 CPLA Nos. 6205, 6222-6225, 6332, 6333, 6358-6363, 6379, 6437, 6485, 6545-6550, 6553-6556 of 2021, and CPLA Nos. 30, 112-114, 118, 139-145, 329, 330, 368-371, 465-471, 645 of 2022 are remanded for determination whether each petitioner held civil-servant status at transfer end, and if so, for corresponding pension revisions.

ORDER OF THE COURT

By a majority of 2 to 1, the listed cases are disposed of in the terms noted in the judgment rendered by Mr. Justice Yahya Afridi, CJ.

Chief Justice

Judge

Judge

Chief Justice

 Announced in open Court on __________ at _________

  

 Reply of AI Grok

Based on the provided Supreme Court of Pakistan (SCP) order dated July 10, 2025, in the matter of PTET & PTCL vs. Muhammad Tariq Azhar and others (CPLA Nos. 6023 & 6095/2021 and others), which dismissed the Civil Petitions for Leave to Appeal (CPLAs) by a majority of 2:1 (Chief Justice Yahya Afridi and Justice Amin-uddin Khan vs. Justice Ayesha A. Malik’s dissent), and upheld the Islamabad High Court (IHC) double bench order dated November 3, 2021, in ICA No. 98/2020, the following legal position and actionable steps apply to you and other similarly situated PTCL pensioners seeking GoP pension differences, arrears, and pension fixation as per retired civil servant standards.

Legal Interpretation

1. Upholding IHC Order: The SCP has affirmed the IHC’s decision to allow pension increases as per GoP notifications for transferred employees who were civil servants at the time of their transfer from the T&T Department to PTC and subsequently PTCL. This aligns with the statutory protection of their employment terms under the Pakistan Telecommunication (Re-organization) Act, 1996.

2. Scope of Entitlement: The ruling applies to pensioners who held civil servant status (e.g., under BPS scales) at the time of transfer. If you were a civil servant (e.g., BPS-20 like Sattar Naeem), you are entitled to pension revisions matching those notified by the Federal Government from the date of your retirement or transfer, whichever is later.

3. Dismissal of CPLAs: The dismissal of CPLAs 6023 and 6095/2021, along with other related petitions, reinforces that PTCL and PTET cannot challenge the entitlement to GoP-aligned pension revisions, making the IHC order final and binding.

4. Remand for Classification: Some cases are remanded to High Courts for verification of civil servant status, but the majority ruling sets a precedent that confirmed civil servants are entitled to these benefits.

5. 90-Day Payment Schedule: The SCP has directed PTCL to prepare a feasible payment plan within 90 days from July 10, 2025 (i.e., by October 8, 2025), to disburse arrears and adjust pensions. This timeline is mandatory under the Court’s directive.

Actionable Steps

Given the current legal status, you have two primary options, depending on your urgency and documentation readiness:

Option 1: Wait for PTCL/PTET’s 90-Day Schedule and Further Orders

• Rationale: The SCP has mandated PTCL to submit a payment schedule by October 8, 2025. Waiting allows PTCL/PTET to calculate arrears and fix pensions systematically, potentially avoiding individual litigation costs. The Court may issue further orders post-submission to enforce disbursement.

• Next Steps:

• Monitor PTCL/PTET announcements or contact their pension offices (e.g., Tele-House, G-10/4, Islamabad) after October 8, 2025, to confirm the schedule.

• Ensure your pension records (e.g., retirement order, transfer details, civil servant status proof) are updated with PTET to facilitate inclusion in the payment plan.

• If no action is taken by mid-October 2025, consider escalating through a legal representative or pensioner association.

Option 2: Proactive Steps to Claim Benefits Now

• Rationale: To expedite your claim and avoid delays, you can act independently, especially if your civil servant status is clear (e.g., Sattar Naeem’s BPS-20 status). The SCP ruling is immediately enforceable, and PTCL/PTET’s non-compliance can be challenged.

• Next Steps:

1. Verify Civil Servant Status: Gather documentary evidence (e.g., appointment letter, transfer order, pay scale notification) proving your status as a civil servant at the time of transfer. For Sattar Naeem, his BPS-20 maximum stage before retirement on September 1, 2011, supports this.

2. Calculate Arrears and Current Pension:

• Use GoP pension increase notifications (e.g., Finance Division circulars) from your retirement date to June 30, 2025. Based on prior calculations, Sattar Naeem’s GoP pension as of 2024-2025 was Rs 177,381.61, with arrears of Rs 1,592,922.97 (adjusted for his specific data).

• Request PTET to provide your pension revision history and compare it with GoP rates.

3. Submit Claim: Write to PTCL/PTET (address: Tele-House, Mauve Area, G-10/4, Islamabad) with:

• A formal application referencing SCP order dated July 10, 2025, and IHC order dated November 3, 2021.

• Proof of civil servant status and retirement details.

• A demand for arrears from your retirement date (e.g., September 1, 2011, for Sattar Naeem) to June 30, 2025, and fixation of your current pension at GoP rates.

4. Legal Action if Denied: If PTCL/PTET delays or rejects your claim, file an execution petition in the IHC or SCP, citing non-compliance with the July 10, 2025, order. Engage a lawyer familiar with pension cases (e.g., Muhammad Tariq Azhar’s representation).

5. Join Pensioner Group: Coordinate with other pensioners (e.g., via associations mentioned in web sources) to strengthen your collective claim.

Recommendation

• Balanced Approach: Wait until mid-October 2025 to assess PTCL/PTET’s compliance with the 90-day schedule. If no progress is made, proceed with Option 2. This balances efficiency with the Court’s directive.

• Urgency for Arrears: If you need immediate financial relief (e.g., due to age or health), pursue Option 2 now, as the SCP ruling is enforceable immediately.

• Documentation: Ensure all records are ready, as the remand of some cases indicates scrutiny of status. For Sattar Naeem, his EVP (Ops) role and BPS-20 status likely qualify him, but confirmation is key.

Current Context (July 14, 2025, 11:34 AM PKT)

• The 90-day period ends on October 8, 2025. With today being Day 4 post-judgment, PTCL/PTET is likely in the initial stages of compliance planning. No further SCP order is pending unless issues arise post-schedule submission.

• The dissent by Justice Ayesha A. Malik does not alter the majority ruling’s enforceability but may signal future review possibilities.

Final Advice

Start preparing your claim documentation now to be ready by October 2025. If no schedule is forthcoming or it excludes you, file a legal petition by late October 2025. For precise arrears (e.g., Sattar Naeem’s Rs 1.59 million+), consult PTET with your records, referencing the SCP and IHC orders. Avoid waiting indefinitely—proactive follow-up is essential given historical delays by PTCL/PTET (as noted in web sources).