| Citation(s) |
|---|
| 2015 SLG 961 2015 SLD 961 2015 SCMR 1783 |
Supreme Court of Pakistan
Civil Petition No. 797 of 2015, decided on 1st July, 2015. Date of hearing: 1st July, 2015.
IJAZ AHMED CHAUDHRY AND IQBAL HAMEEDUR RAHMAN, JJ
Taufiq Asif, Advocate Supreme Court for Petitioner. Syed Nayab Hassan Gardezi, Standing Counsel for
Respondent No. 1. Shahid Anwar Bajwa, Advocate Supreme Court for
Respondents Nos.2 and 3.
Civil Petition No. 797 of 2015, decided on 1st July, 2015. Date of hearing: 1st July, 2015.
IJAZ AHMED CHAUDHRY AND IQBAL HAMEEDUR RAHMAN, JJ
Taufiq Asif, Advocate Supreme Court for Petitioner. Syed Nayab Hassan Gardezi, Standing Counsel for
Respondent No. 1. Shahid Anwar Bajwa, Advocate Supreme Court for
Respondents Nos.2 and 3.
MUHAMMAD RIAZ
VS
FEDERATION OF PAKISTAN through Secretary, Ministry of information Technology, Government of Pakistan, Islamabad and others
Law:
Section:
Pakistan Telecommunication (Re-Organization) Act (XVII of 1996)--- ----Ss. 35, 36, 45 & 46(1)(d)---Pakistan Telecommunication Corporation Act (XVIII of 1991), S. 9 [since repealed]---Pakistan Telecommunication Corporation Employees Pension Fund (as created by a Trust Deed dated the 2nd April 1994), Para. 2---Terms and conditions of service---Pension---Employees of Pakistan Telegraph and Telephone Department (T&T Department) who were subsequently transferred to Pakistan Telecommunication Corporation (the Corporation) and then to the Pakistan Telecommunication Company Limited (the Company)---Entitlement of such employees to receive pensionary benefits as revised/increased by the Federal Government---Terms and conditions of service of the transferred employees from T&T Department to the Corporation and then to the Company remained unaltered and they continued to be paid the benefits as were admissible to them as employees of T&T Department---Terms and conditions of service and also the rules of service which were applicable to the T&T Department employees while in employment of the Federal Government would continue to be applicable to them on their transfer to the Corporation and then to the Company---Employees of T&T Department who were transferred to the Corporation and then to the Company, would on retirement be entitled to payment of pension announced by the Federal Government, from time to time, thus if any increase in pension was announced by the Federal Government for its employees, the same would also apply and be paid to the employees of T&T Department transferred to the Corporation and then to the Company---Appeal was allowed accordingly. JUDGMENT IQBAL HAMEEDUR RAHMAN, J.---Through the instant petition for leave to appeal, the petitioner has called in question the judgment dated 11-3-2015 passed by the Islamabad High Court, Islamabad, in W. P. No. 1727 of 2012; whereby the said writ petition filed by the petitioner has been dismissed. 2. The concise facts are that the petitioner, who started his career with the Pakistan Telephone and Telegraph Department (T&T) as Upper Division Clerk, on the formation of Pakistan…
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