Law: Pakistan Telecommunication (Re-organization) Act, 1996

Section: 35,36

Law: Pakistan Telecommunication Corporation Act, 1991

Section: 9

Law: Constitution of Pakistan, 1973

Section: 199

(a) Pakistan Telecommunication (Re-organization) Act (XVII of 1996)--- ----Ss.35 36---Pakistan Telecommunication Corporation Act (XVIII of 1991), S.9 [since repealed]---Constitution of Pakistan, Art.199---Constitution petition---Maintainability--- Transfer of departmental employees of corporation---Statutory terms and conditions of service of such employee---Petitioners were appointed in Pakistan Telecommunication Corporation Limited to serve anywhere in the region of their initial appointment---Services of all employees of Pakistan Telecommunication Corporation Ltd. having been transferred to Pakistan Telecommunication Company Limited in terms of Ss.35 36 of Pakistan Telecommunication (Re-organization) Act, 1996, terms and conditions of their services had remained the same---Petitioners could not be transferred/posted outside the region for which they were initially appointed---Said protected terms and conditions could not be varied to their (employees) disadvantage --- Said employees did not remain civil servants and Legislature also bound the Federal Government to guarantee the existing terms and conditions of service of transferred employees which were essentially statutory---Violation of any of them would, thus, be amenable to the constitutional jurisdiction of the High Court---Constitutional petition was held to be maintainable. P.T.C.L v. Masood Ahmed Bhatti 2016 SCMR 1362 ref. (b) Pakistan Telecommunication (Re-organization) Act (XVII of 1996)--- ----Ss. 35 36---Pakistan Telecommunication Corporation Act (XVIII of 1991), S.9 [since repealed]---Transfer---Cancellation of---Employees of Pakistan Telecommunication Corporation Limited which department was converted into Pakistan Telecommunication Company Limited---Petitioners (telephone operators) sought cancellation of their transfer, out of region, on the ground that they were illegally transferred just to pressurize them to accept Voluntarily Separation Scheme (VSS) ---Petitioners were appointed in Pakistan Telecommunication Corporation Limited to serve anywhere in the region of their initial appointment---Since services of all employees of Pakistan Telecommunication Corporation Ltd. were transferred to…

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