Law: Pakistan Telecommunication Corporation Act, 1991

Section: 3

JUDGMENT SHEET ARBAB MUHAMMAD TAHIR J. Through the instant writ petition, petitioner has prayed for a direction to the respondent No.1 to consider him for promotion to the next higher position and grant all consequential benefits arising out of same and in the event of retirement, the same be included in his pensionary benefits.    The case, as presented by the learned counsel for the  petitioner, is that he joined the erstwhile Pakistan Telegraph and Telephone Department (T&T) on 16.05.1975 as Telephone Operator; that T&T was converted into Pakistan Telecommunication Corporation (PTC) by virtue of Section 3 of the Pakistan Telecommunication Corporation Act, 1991 (Act of 1991); that terms and  conditions of service of the employees so transferred to PTC were the same as mandated in Section 9 of the Act of 1991;  that subsequently in the year 1996, by the promulgation of the Pakistan Telecommunication (Reorganization) Act, 1996 (Act of 1996), the Pakistan Telecommunication Employees Trust, Pakistan Telecommunication Authority, Frequency Allocation Board, National Telecommunication and The Pakistan Telecommunication Company Limited (PTCL) were established; that by the Act of 1996, the terms and conditions of service of the employees of PTC were protected under section 35 of the Act of 1996 with stipulation that the same shall not vary to their disadvantage; that by operation of law, referred to above, the terms and conditions of the service of the petitioner were made protected and cannot be varied to his disadvantage; that on 23.09.1999, the petitioner along with counterparts had undergone mandatory training course ‘RTTS’ and completed the same in 2000 but he was never considered for promotion to the next higher position of Supervisor; that he made several requests for his regular promotion but the same remained un-responded; that instead of promoting the petitioner, several juniors were granted the same benefit without realizing the fact that petitioner ranks at seniority position No.1 in his Region, as per the seniority list  issued by the respondent No. 1/PTCL; that the petitioner was treated with…