An important article for VSS-2008 non pensioners
For VSS-2008 Non-Pensioners
This message is particularly intended for those PTCL employees who were retired or separated from PTCL in 2008 under the VSS-2008 scheme, but were not granted pension, even though many of them had qualified service of ten years or more.
It should be clearly understood that, according to the law, if a government employee has ten years or more of qualifying service, he is entitled at retirement to receive either:
• Pension, or
• Gratuity.
Pension is not a reward, charity, or compensation.
In reality, pension is the legal return for the service that an employee has rendered to the government or an institution.
Just as an employee receives salary during his service, he is entitled to pension after retirement.
The courts of Pakistan have repeatedly declared that pension is a vested legal right.
According to government rules:
If an employee has ten years or more of qualifying service, he is entitled to:
• Pension, or
• Gratuity.
Even if an employee is subjected to compulsory retirement as a punishment, and his service is ten years or more, he is still granted pension.
This clearly shows that the right to pension is a very strong legal right.
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Pension Once Granted Cannot Be Withdrawn
Another important legal principle is that:
Once pension has been granted to an employee, it cannot be:
• Stopped, or
• Reduced,
except in the case where the pensioner is convicted of a serious criminal offence.
Important Principle of the Courts
The courts of Pakistan, particularly the Supreme Court of Pakistan, have clearly established an important principle:
When a court interprets the law in a service matter, the benefit of that interpretation should also be extended to other employees who are similarly placed.
This principle was clearly stated in the case:
Hameed Akhtar Niazi v. Secretary, Establishment Division
(1996 SCMR 1185)
This means that when the law is clarified in one case, other similarly situated employees may also claim the same benefit.
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Time Limitation in Pension Matters
In pension cases, courts often recognize that:
Pension is a continuing right.
Therefore, even if a person approaches the court many years later for enforcement of his pension rights, the case should not be dismissed merely on the ground of delay.
Recently, in a case, the court even accepted an appeal filed after 13 years and clarified that justice must be provided in pension matters.
(Note: I had earlier shared a YouTube video regarding this judgment along with my remarks.)
[نوٹ:-اسکے متعلق یو ٹیوب پر آنے والی ویڈیو میں نے اپنے ریمارکس کے ساتھ شئر کی تھی۔جو یہ تھی
https://youtu.be/_KwPtWHaE_I?si=S5th2YOjtq5yusPo
آپ سب سن لیں سپریم کوڑٹ نے پنشن دینے کے بارے میں کیا کہا۔ پہلی بات تو انھوں نے کہا پنشن بنیادی حق ھے اور یہ کوئی انعام نھیں۔ تاخیر سے پنشن کے لئیے کی درخواست دینے کی وجہ سے کسی پنشن حقدار کو پنشن کے حق سے محروم نھیں کیا جاسکتا ۔سپریم کوڑٹ FST کے اس فیصلے کو ختم کردیا جس میں پنشنر کو ۱۳ سال کے بعد پنشن کی لینے کے لئیے درخواست دینے کی بنا پر پنشن کے حق سے محروم کردیا تھا جو سپریم کوڑٹ نے ختم کردیا اور کہا پنشن کے لئیے عدالت میں درخواست دینے کی کوئی ٹائیم لائین ھوتی ھے۔ میں کب سے یہ بات نان پنشرز جن کو VSS-2008 میں صرف پنشن کے حق سے اسلئیے محروم کردیا کے انکی کوالیفائیڈ سروس PTCL کی طرف سے 20 سال کی کوالفائیڈ سروس پنشن لینے سے کم تھی جب گورمنٹ کے قانون Section -374 AA of GSR کے مطابق دس سال یا اس سے زیادہ کوالیفائیڈ سروس پر وہ پنشن کا حقدار بن جاتا ھے، کو بتا رھا ھوں ایسے لوگ کیس کریں اس میں ٹائیم لمٹ درخواست دینے کی نھیں ھوتی جیسے اس فیصلے میں سپریم کوڑٹ نے کہا
https://youtu.be/_KwPtWHaE_I?si=S5th2YOjtq5yusPo
In that video, the Supreme Court clearly stated:
• Pension is a fundamental right, not a reward.
• A person entitled to pension cannot be deprived of this right merely because the claim was filed late.
• The Supreme Court set aside the decision of the Federal Service Tribunal which had denied pension because the claim was filed after 13 years.
• The Court clarified that there is no strict limitation period for approaching the court in pension matters.
I have been explaining this point for a long time to those VSS-2008 non-pensioners who were denied pension merely because PTCL considered their qualifying service less than 20 years, whereas under Government rules (Section 374-AA of GSR) an employee becomes entitled to pension after ten years of qualifying service.
Therefore, such employees should consider pursuing legal action, because the Supreme Court has clarified that delay alone cannot defeat a pension claim.
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What Does This Mean?
It clearly means that:
Employees who retired from PTCL under VSS up to March 2008, and whose service was ten years or more, may still initiate legal proceedings today to claim their pension rights.
In other words, the legal door is still open, and a case can still be filed.
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Advice for Affected Employees
If you fall within this category of employees, you should:
• Keep your complete service record safely.
• Preserve all VSS documents.
• Collect all pension-related documents.
• Consult an experienced service law advocate.
Always remember that a strong case succeeds only when it is supported by complete information and proper documentation.
Just as a patient must explain every detail of his illness to a doctor, a litigant must also explain every fact of his case clearly to his lawyer, without hiding anything.
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Dear Colleagues,
If you were retired without pension despite being entitled to it, there is no need to lose hope.
According to the law, you still have the right to approach the court to claim your pension.
Therefore:
• Do not lose hope
• Remain united
• Stay aware of your legal rights
• Continue your struggle through lawful means
Very often, once people become aware of their rights, they are better able to stand up and claim what is legally theirs.
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If there is anything in this article that you do not understand, you may contact me for clarification.
You can reach me through:
Email: mtazhar52@gmail.com
WhatsApp: +92-314-9525902
Thank you.
Respectfully,
Muhammad Tariq Azhar
Retired General Manager (B-19), PTCL
Date: 15 March 2026
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