PAKISTAN TELCOMMUNICATION EMPLOYEES TRUST vs MUHAMMAD JAFFAR KHAN Ss — 2023 PLC(CS)N 37 ISLAMABAD

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PAKISTAN TELCOMMUNICATION EMPLOYEES TRUST VS MUHAMMAD JAFFAR KHAN Ss.2(1)(b) & 3 to 22---Pakistan Telecommunication Corporation Act (XVIII of 1991), S.9---Workmen's Compensation Act (VIII of 1923), S.2(n)---Factories Act (XXV of 1934), S.2(h)---Pensionary benefits---Employees, status of---Determination---Dispute was with regard to pensionary benefits to employees retired from erstwhile Telegraph and Telephone Department or from Pakistan Telecommunication Corporation---Validity---Employees of erstwhile Telegraph and Telephone Department, who fell within the definition of civil servants as provided in S. 2(1)(b) of Civil Servants Act, 1973, enjoyed statutory protection under Ss. 3 to 22 of Civil Servants Act, 1973, were entitled to increase in pensionary benefits as were enjoyed by government servants except where there was variation in terms and conditions of service including receipt of pensionary benefits which were different from the ones enjoyed by government servants and there was consent of the employee and some compensation was afforded to him---Such employees of erstwhile Telegraph and Telephone Department who did not fall within the definition of "civil servants" and were not entitled to protection under Ss. 3 to 22 Civil Servants Act, 1973, to them raise in pensionary benefits at par with retired government servants could not be granted---Such employees of erstwhile Telegraph and Telephone Department who fall within the definition of "worker" or "workman" as provided under Workmen's Compensation Act, 1923, or Factories Act, 1934, were not civil servants and were not entitled to raise in pensionary benefits as enjoyed by civil servants---Such employees of erstwhile Telegraph and Telephone Department who did not fall within the definition of civil servants and were not entitled to protection under Ss.3 to 22 Civil Servants Act, 1973, to them raise in pensionary benefits at par with retired government servants could not be granted---Such employees of erstwhile Telegraph and Telephone Department who did not enjoy statutory protection under Ss. 3 to 22 Civil Servants Act, 1973, and their terms and conditions of service were not statutory, their petitions under Art. 199 of the Constitution were not maintainable---Such employees who were engaged after enactment of Pakistan Telecommunication Corporation Act, 1991, did not have statutory terms of employment as enjoyed by employees of erstwhile Telegraph and Telephone Department who fell within the definition of civil servants, to their extent as well a petition under Art.199 of the Constitution was not maintainable---Such employees of erstwhile Telegraph and Telephone Department who were civil servants but consented for variation in their terms and conditions of service during their employment or after retirement and were afforded some compensation such as voluntary separation scheme etc, were not entitled to any raise in pensionary benefits---Any allowance or benefit which was not in existence at the time when employees of erstwhile Telegraph and Telephone Department were transferred from Pakistan Telegraph and Telephone Department to Pakistan Telecommunication Corporation could not be granted to retired employees of Telegraph and Telephone Department who were civil servants in light of wordings of S.9 of Pakistan Telecommunication Act, 1991, even though the same were being enjoyed by retired employees of government servants---Principles so laid down involved determination of certain facts in order to grant remedy to petitioners in their Constitutional petitions---Proof of such facts was not before Judge in Chambers of High Court and not even before Division Bench of High Court, therefore, could not be discerned in appeals--- Division Bench of High Court directed the authorities to make an exercise and decide status and entitlement of retired employees to raise in pensionary benefits in the light of principles so laid down--- Division Bench of High Court directed that in case any employee was not satisfied with action or inaction of authorities, he / she could avail remedy before Court of competent jurisdiction---Division Bench of High Court modified judgment of Judge in Chambers of High Court in line with observations and principles--- Intra Court Appeal was disposed of accordingly.

PAKISTAN TELCOMMUNICATION EMPLOYEES TRUST vs MUHAMMAD JAFFAR KHAN Ss — 2023 PLC(CS)N 37 ISLAMABAD

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