| Citation(s) |
|---|
| 2021 SLG 2881 2021 SLD 2881 2021 PLC 1516 |
Islamabad High Court
Writ Petition No.3391 of 2018, decided on 27th May, 2021.
Before Babar Sattar, J
Khalil ur Rehman Abbasi, Advocate Supreme Court for Petitioners.Shahid Anwar Bajwa, Advocate Supreme Court for
Respondent No.2 (in Writ Petitions Nos.4394 of 2018 and 104 of 2021).Abdullah Alim Qureshi for
Respondent No.2 (in Writ Petition No.3391 of
Writ Petition No.3391 of 2018, decided on 27th May, 2021.
Before Babar Sattar, J
Khalil ur Rehman Abbasi, Advocate Supreme Court for Petitioners.Shahid Anwar Bajwa, Advocate Supreme Court for
Respondent No.2 (in Writ Petitions Nos.4394 of 2018 and 104 of 2021).Abdullah Alim Qureshi for
Respondent No.2 (in Writ Petition No.3391 of
KHALID MEHMOOD and 128 others
VS
FEDERATION OF PAKISTAN through Secretary, Ministry of Information Technology and Telecom and others
Law: Civil Servants Act, 1973
Section: 3 to 22
Law: Pakistan Telecommunication Corporation Act, 1991
Section: 9
Law: Pakistan Telecommunication (Re-organization) Act, 1996
Section: 35,36
Law: Constitution of Pakistan, 1973
Section: 189,203
(a) Civil Servants Act (LXXI of 1973)--- ----Ss.3 to 22---Pakistan Telecommunication Corporation Act (XVIII of 1991), S.9---Pakistan Telecommunication (Re-organization) Act (XVII of 1996), Ss. 35 & 36---Civil servant, terms and conditions of---Pensionary benefits, entitlement of------Statutory protection---Petitioners were originally employees of the Telegraph and Telephone Department (T&T Department) and their services were transferred to Pakistan Telecommunication Corporation (PTC) and were subsequently transferred to Pakistan Telecommunication Company Limited (PTCL) subject to protection afforded under Ss.35 & 36 of the Pakistan Telecommunication (Re-organisation) Act, 1996---Petitioners contended that terms and conditions of service protected under S. 9 of the Pakistan Telecommunication Corporation Act, 1991 and Ss. 35 & 36 of the Pakistan Telecommunication (Re-organization) Act, 1996 were the terms and conditions of service provided for by Ss. 3 to 22 of the Civil Servants Act, 1973---Petitioners claimed pensionary benefits and consequential increases therein---Protection afforded to the terms and conditions of service of the transferred employees was rooted in the statutory protection afforded to such terms and conditions under S.9 of Act, 1991 and Ss. 35 & 36 of the Act, 1996 and not in the employment status of the transferred employees---High Court did not feel obliged to rehash the legal analysis carefully undertaken in Rasool Khan's case [2021 PLC (C.S) 14] and adopted the reasoning and conclusions drawn therein---Constitutional petitions were accepted in terms of ratio and dicta in Rasool Khan's case and the direction issued therein to the extent of extent of Pakistan Telecommunication Employees Trust. Rasool Khan and 29 others v. Federation of Pakistan through Secretary Ministry of Information and Technology and 2 others 2021 PLC (C.S) 14 and P.T.C.L and others v. Masood Ahmed Bhatti and others 2016 SCMR 1362 ref. (b) Constitution of Pakistan--- ----Arts. 189 & 203---Precedents, binding force of---Brevity and efficiency---Principle---Where a court was satisfied with the reasoning/conclusions of the judgment challenged before it and it did not find…
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