Article-286 [ Regarding non implementation of SCP order in favour of PTCL Pensioners ]

Title: PTCL Pensioners' Struggle for Rights — Why is there no implementation despite clear Supreme Court orders?

Thousands of retired PTCL employees in Pakistan have been continuously struggling for over a decade to secure their basic and legal right — i.e., the Government of Pakistan pension and the annual increases attached to it. This matter is not merely financial; it bears constitutional, legal, and moral significance, as it concerns employees who, at the start of their service, were part of the Government of Pakistan's Telegraph & Telephone (T&T) Department.

1. Background: Journey from Government Employee to Corporation to Company

These employees were originally regular civil servants. Later, under the law, they were first transferred to the Pakistan Telecommunication Corporation (PTC) and then to PTCL on January 1, 1996. However, it is a fundamental legal principle that despite this transfer, their terms and conditions of service, including pension, remain protected under statutory protection.

2. Important Supreme Court Decisions

The Supreme Court of Pakistan has given clear decisions on this matter multiple times:

i. Decision dated June 12, 2015 (2015 SCMR 1472)

This was a three-member bench decision which clearly held that:

Former T&T employees who were transferred to PTC and then to PTCL are entitled to Government of Pakistan pension and all increases made therein.

ii. Order dated February 15, 2018

This is a two-member bench order (the English text of which is reproduced below) that was actually based on a lawyer's undertaking. It did not establish any new legal principle but merely recorded that pension would be paid.

"Date of Order: 15.02.2018

In Cr. M.A. 2006/17 (for implementation)

Mr. Aftab Alam Yasir, ASC.

Syed Rifaqat Hussain Shah, AOR.

In Cr. M.A. 167/18 (for implementation)

Mr. Khalil-ur-Rehman Abbasi, ASC.

Ch. Akhtar Ali, AOR.

Date of Hearing: 15.02.2018

ORDER

Gulzar Ahmed, J. - At the very outset Mr. Shahid Anwar Bajwa, learned ASC for the alleged contemnors/PTCL/PTET has made a categorical statement before the Court that all petitioners besides VSS optees will be given pension by the alleged contemnors/PTCL/PTET along with incentive pay and that PTCL/PTET will not make any sort of recovery/deduction from the pension of the petitioners, which they were already receiving and the present status would be that the petitioners will be granted increases in pension as is announced by the Federal Government from time to time. It is further stated by the learned ASC for the alleged contemnors/PTCL/PTET that the alleged contemnors/PTCL/PTET shall make payments of pension with incentive pay to the petitioners besides VSS optees within a period of fifteen days from today, directly to the petitioners and will submit a compliance report in this regard with the Registrar of this Court. The question of refund of the amount deposited by the alleged contemnors/PTCL/PTET in this Court will be considered after submission of such compliance report. The above terms are also agreed by all the learned ASCs for the petitioners.

Criminal Original Petition No. 53 of 2015 and Criminal Original Petition No. 54 of 2015 are therefore disposed of.

Crl. Misc. Application No. 2004/2017 in Crl. Org. P. No. 54/2015

In view of the order passed, the listed Crl. M.A and all pending Crl. M.As which have not been fixed, have become infructuous and are disposed of accordingly."

iii. Decision dated July 10, 2025

This is the most recent and final decision, in which the Supreme Court upheld the 2015 decision and ordered complete implementation.

3. The Real Issue: Obstacles in Implementation Despite Orders

Unfortunately, PTET (PTCL Employees Trust) and related entities are not fully complying with these clear judicial orders. Their actions show that:

· Only a limited number of pensioners are being given benefit.

· VSS (Voluntary Separation Scheme) optees are being unlawfully excluded.

· Employees from Grade 1 to 16 are being labelled "Workmen" and deprived of their rights.

These actions are not only illegal but also a clear violation of Article 25 (Equality) of the Constitution of Pakistan.

4. Important Legal Principles

· No two-member bench can overturn or modify a decision of a three-member bench.

· Decisions of the Supreme Court are binding on the entire country (Article 189).

· Rights of government employees cannot be unilaterally extinguished.

5. Is this not Contempt of Court?

When an institution deliberately fails to comply with clear orders of the Supreme Court, such conduct falls within the category of Contempt of Court. This is precisely the concern that has now arisen in the present situation.

6. Important Message for PTCL Pensioners

All PTCL pensioners must keep the following in mind:

· Their right is clear, legal, and recognized.

· This right is not extinguished by any administrative delay or misinterpretation.

· This right can be secured through collective effort and pursuing the legal course.

7. Conclusion

This matter is not merely about pension; it is about justice, the rule of law, and state responsibility. If decisions of the Supreme Court are not implemented, it casts a question mark over the entire justice system.

It is hoped that the relevant authorities will immediately review their conduct and provide all pensioners their rightful due without discrimination.

[For public awareness — for the protection of PTCL pensioners' rights]

Muhammad Tariq Azhar

PTCL Pensioner

Rawalpindi

Dated: May 4, 2026