PTCL Pensioners 2012 MoIT1

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PTCL Pensioners 2012 MoIT1 Powered By Docstoc
					Amir Tariq Zaman Khan
Additional Secretary
IT and Telecom Division
Evacuee Trust Building
F-5/1 Islamabad                                                       Dated at Islamabad: Aug. 23; 2012

                           Subject: Pension Increase and Medical Allowance

1.      I, Naseem Ahmed Vohra, joined Pakistan Telegraph & Telephone Department (PT&T) as
Assistant Divisional Engineer on 30th December 1975 after qualifying combined competitive examination
conducted by Federal Public Service Commission. I accepted the appointment as a Civil Servant, under the
terms and conditions of service as defined in Chapter II of Civil Servants Act 1973.

2.      T&T Department was converted into a Corporation under PTC Act 1991. I, alongwith all oyher
regular T&T employees, was transferred to PTC under Section 9 of the said Act on same terms and
conditions of service to which I was entitled immediately before such transfer.

3.      The Corporation was succeeded by Company; PTCL under Pakistan Telecommunication
(Reorganization) Act 1996. I, alongwith all regular employees, was designated “Transferred Employee”
and transferred to the Company. My terms and conditions of service and rights including pensionary
benefits were, however, protected under Section 36 of the said Act. Federal Government was mandated to
guarantee terms and conditions of service of Transferred Employees that existed on 1-1-1996.

4.       On my retirement Pakistan Telecommunication Employees Trust PTET), Pension Trust
established to disburse pension to retired Telecommunication Employees, started disbursing pension to me
like thousands of other pensioners. Federal Government notified pension-increase for its Civil Pensioners
in 2007, 2008 & 2009; every time Post Office disbursed me increased pension on 1st August without any

5.       Federal Government issued four notifications announcing pensionary benefits for its civil
pensioners on 5th July 2010; PTET, however, discriminated amongst pensioners and authorized
arbitrary/illegal increase in my pension for the years 2010 and denied Medical Allowance altogether in
violation of statutory protections. Similar treatment was meted out towards pension increase notified by
Federal Government on 4th July 2011. No pension increase has been awarded to me against Federal
Government Notification dated 2nd July 2012.

6.       A large number of fellow pensioners challenged arbitrary action of PTET in various High Courts
across the whole country. Islamabad High Court in its judgment announced on 21st December 2011
directed PTET to disburse pension according to government notifications alongwith arrears. Honorable
High Court further held that in view of statuary protections available to telecommunication employees
under Section 36 of Reorganization Act, no rules or provisions can be made by the Board of Trustees
against the employees/pensioners except with their intervention; PTET/PTCL have filed review appeal
with honorable Court.

7.      Despite the above observation by the honorable Court PTET Board of Trustees framed new
Pension Rules purportedly under the powers conferred by Section 44(9) of Reorganization Act; Ministry of
IT and Telecom on its turn has notified new pension rules under No. SRO 525(I)/2012 called Pakistan
Telecommunication Employees Trust Fund (Pension) Rules 2012 dated 22nd May 2012.

8.     PTET Board of Trustees understood the limits of its rule making powers under Section 44(9); the
Board acted rationally for fourteen (14) long years and used its rule making powers prudently; investment
rules framed by the Board and notified by the Ministry under no SRO 77(KE)/2003 called Pakistan
Telecommunication Employees Trust (Investment) Rules 2003 on 23rd July 2003 is one such example.

9.       Clearly investment rules relate to day to day management of Pension Fund and Board of Directors
is fully empowered to frame such rules as opposed to Pension Rules which affect the pensionary benefits
of the Trust Beneficiaries in stark violation of Section 36(5) of the very Act of Parliament under which the
Board draws its powers.

10.     Section 52 of the Reorganization Act mandates that provisions of various chapters of Trusts Act
1882 shall apply to PTET and the Board of Directors to the same extent they apply to a “trust” and
“trustees” as defined in Section 3 of the said Act. Section 11 of the Trusts Act 1882 binds the trustees to
obey the directions of the author of the trust given at the time of its creation, except as modified by the
consent of all the beneficiaries.

11.     Section 11 of Trusts Act 1882 further mandates that “Noting in this section shall be deemed to
require a trustee to obey any direction when to do so would be impracticable, illegal or manifestly
injurious to the beneficiaries.

12.     It is evident from Section 52 of Reorganization Act when read with Section 11 of Trusts Act 1882
that PTET Board of Directors has exceeded its powers under Section 44 besides stark violation of Section
36(5) of Reorganization Act.

13.     It is further evident that Ministry of IT and Telecom has abetted the violation of Section 36 by
PTET Board of Directors besides flouting the sovereign guarantee mandated by the legislature under
proviso to Section 35(2) of the Reorganization Act, by notifying the illegal rules.

I, being one of the hapless pensioners request you to kindly look into the way Ministry of IT and Telecom
is flouting the Reorganization Act in support of PTCL; and hardships Ministry is creating for some 39000
pensioners which include hundreds of widows and orphans. It is pertinent to point out that quite a large
number of pensioners retired as Civil Servants from T&T Department and most of them are receiving
meager amount as pension having retired some 22 years ago or more. While more than 30,000 of the
pensioners are getting less than Rs: 15000/pm in this age of hyper inflation.

I hope this letter will help you to see the issue in true perspective to set things right which were none of the
doing of your goodself; having taken over the charge of the Ministry quite recently.

                                                                    Naseem Ahmed Vohra
                                                                    EVP (Rtd) PTCL
                                                                    PPO No.
                                                                    House No 1272, Street 32, Phase IV
                                                                    Bahria Town Islamabad
                                                                    Ph: 0515730967; Mob: 03455228888

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