Case Details

Citation(s)
2004 SLG 2845 2004 SLD 2845 2004 PLD 388
Supreme Court of Pakistan
Civil Petitions Nos. 69-L to 91-L of 2004, decided on 9th February, 2004.
IFTIKHAR MUHAMMAD CHAUDHRY, FAQIR MUHAMMAD KHOKHAR AND FALAK SHER, JJ
Gorsi Muhammad Din Ch. Advocate Supreme Court and MehmoodulIslam, Advocate-on-Record for Petitioners (in all Cases). Abdul Wahid Ch. Advocate Supreme Court and Ch. Mehdi Khan Mehtab for
Respondent (In C.P. No. 69L/04 only)

PAKISTAN TELECOMMUNICATION COMPANY LTD. and others

VS

RAHAT-EALAM and others

Law:

Section:

Pakistan Telecommunication Corporation Act (XVIII of 1991)---- ----S. 20---General Clauses Act (X of 1897), S.21---Constitution of Pakistan (1973), Art.212(3)---Grant of selection grade to Telephone Operators---First notification dated 16-5-1995 issued by Board with approval of Federal Government granted BS-11 to Operators holding BS-8 to 11---Second notification dated 22-5-1997 granted BS-11 only to Operators of Overseas Division (Gateway)---Second notification was not issued in the manner in which first notification had been issued---Supreme Court granted leave to appeal to consider as to what would be the legal status of both such notifications and whether both of them had been issued by competent authority in exercise of powers conferred under S.20 of Pakistan Telecommunication Corporation Act, 1991; whether second notification had been issued by competent authority in exercise of its power to create separate clause in respect of Telephone Operators working in Gateway Exchanges; whether discrimination had not been caused between Telephone Operators, who were working in Inland Exchanges and those who were working in Gateway Exchanges; whether first notification, which had created a right in favour of Operators of Inland Exchanges legally, could be withdrawn after its implementation by issuing a separate second notification; and what would be the effect of contradictory decisions of Tribunal pointed out by petitioner. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--By this order we propose to dispose of the listed petitions involving common questions of law and fact. 2. Precisely stating the facts of the cases are that vide Notification No.CC/Misc.4-3/92.E(I), dated 16-5-1995, the competent authority of the Pakistan Telecommunication Company Limited (hereinafter refer ed to as the Company) granted BS-11 to its Telephone Operators holding BS-8 to 10. For convenience, extract of the Notification is reproduced in extenso:-- "PAKISTAN TELECOMMUNICATION COMPANY LTD., Copy of Letter No.CC/Misc.4-3/92.E(1), dated 16-5-1995 from Chief Engineer (Recruitment, Rules & Regulations) Ibd. NOTIFICATION In exercise of the powers conferred by section 20 of the PTC Act, 1991 the…
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