Case Details

Citation(s)
2026 SLG 1133 2026 SLD 1133 = 2026 PHC 1649
Peshawar High Court
W.P No. 469-M/2022
Presented By: QAZI      JAWAD      EHSANULLAH,      J.
Barrister Asad Ur Rahman for petitioner. Mr. Said Jamil Shah, Assistant Attorney General for Federation. Muhammad Ishaq Shah, Advocate for respondent No. 1 to 4. Date of hearing:            27.01.2026

(Fazalullah

VERSUS

Managing Director, PTV and others)

Law: Constitution of Pakistan, 1973

Section: 199, 3, 4, 9, 10, 14, 25, 27

SUMMARY Court has allowed a petition filed by a retired PTV employee, directing the corporation to grant him pension and other retirement benefits. The court held that the employee`s temporary service should be counted towards his total length of employment for calculating pension and gratuity. The petitioner was appointed as a Road Coolie in 1989 and retired in 2018 after regularization of his services in 2016. The court rejected PTV`s argument that the petitioner didn`t fulfill the prescribed qualifying service for pension. It relied on precedents emphasizing that temporary service, once regularized, counts towards pensionable service. The respondents are directed to calculate and disburse the petitioner`s pension and other benefits within 30 days. The court also clarified that EOBI benefits are separate from pension and gratuity, and PTV`s attempt to shift liability was deemed misconceived. Laws & Sections Used Article 199 – Constitutional writ jurisdiction Articles 3, 4, 9, 10, 14, 25, 27 – Fundamental rights (dignity, equality, fair treatment) PTV Employees Service Rules, Rule 5.28(A)(1) – Qualifying service for pension Employees’ Old-Age Benefits Act, 1976 (EOBI) – Social security framework Companies Ordinance, 1984 – Corporate structure of PTV (referenced for status) 2-Word Description Pension Dispute       JUDGMENT      Petitioners Fazalullah has filed the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, seeking the following reliefs: “It is therefore respectfully prayed that the Respondents No.1 to 4 may be directed to start giving pension to the petitioner from his retirement onwards, as he is eligible for it by all means. It is prayed that the petitioner may be given his gratuity, provident fund and all other benefits of regular employee. It is prayed that the Respondents No. 1 to 4 may be directed to share the regularization order of the petitioner and regularization orders of other employees who were on the similar footing to the petitioner. It is further prayed that the Respondents No. 1 to 4 may be directed to share all…
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