Law: Pakistan Telecommunication (Reorganization) Act, 1996

Section: 8,35,36(2),59(2)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Telecommunication Corporation Act, 1991

Section: 9,12,20

Pakistan Telecommunication Corporation (Re-Organization) Act, 1996 (XVIII of 1996)-- ----Ss. 8, 35, 36(2) & 59(2)--Pakistan Telecommunication Corporation Act, 1991, Ss. 9, 12 & 20--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Appointment as telephone supervisor--Terms and conditions of service--Restoration of service and payment of arrears of pension--Principle of laches--Maintainability--Induction in service--Principle of master and servant--Inconsistency on part of petitioner--Direction to--I am of view that as non-payment of salary/pension according to revised rates introduced by Federal Government from time to time provides fresh cause of action to retirees each month, thus, question of laches is of little importance in these matters--Just intervention of Establishment Division in recruitment without any support from relevant law did not render status of employee as civil servant rather same was to be determined according to applicable service rules/regulations--That after induction in service terms & conditions of employees who were recruited by Corporation were governed under non-statutory service rules/regulations framed by Corporation, thus, they were governed under principle of master and servant--Inconsistency on part of petitioners is manifest from fact that on one hand they took plea that as service regulations were framed by Corporation in year 1996 same could not be used to disinterest of employees of Corporation who joined it prior to framing of said rules/regulations and on other have placed reliance on certain provisions of Act, 1996 which did not provide protection to service rules/regulations framed by Corporation--That petitioners, who were initially appointed in T&T department, have competently filed writ petitions and they are entitled to same perks & privileges as admissible to other employees of Federal Government alongwith periodical increases; hence respondents are directed to pay their emoluments accordingly--That Writ Petitions, filed by those who joined Corporation after 01.01.1991, are not maintainable and in case of any grievance they can resort to appropriate proceedings--That petitioners who opted for VSS…

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