The Honurable Chief Justice Iftikhar Choudhary

The Honourable Chief Justice, Supreme Court of Pakistan, Islamabad.

Subject: Request for Pension Increase and Medical Allowance

to T&T / PTCL Pensioners.

Respected Sir,

I beg to submit few lines for your consideration and favourable decision please:

1. I joined Pakistan Telegraph & Telephone (PAKT&T) Department in and retired from PTCL as Transferred Employee in .

2. PT&T Department was converted into Pakistan Telecommunication Corporation (PTC) under Pakistan Telecommunication Corporation Act 1991. All the employees of PT&T Department were re-designated as “Departmental Employees” and transferred to PTC under Section 9 of this Act on the same terms and conditions of service to which they were entitled immediately before such transfer.

3. To protect the rights / pensionary benefits of retired government employees i.e. PT&T Pensioners and Departmental Employees on their retirement, PTC created a Pension Fund through an irrevocable trust. The sole purpose of the Fund is provision of pension annuities for PTC employees who are / or shall be eligible for the membership of the Fund under Employees Pension Fund Rules, upon their retirement. Rule 8 (e) & 15 of these pension rules annexed to the Trust Deed dated 2nd April 1994 read as under:

8 (e): The increase in pension of the existing pensioners is also allowed from time to time as allowed by the government.

15: Applicability of Changes, Modifications Or Amendments Notified by the Federal Government for its Employees: These regulations will stand modified /amended in respect of all such changes, modifications or amendments made by the Federal Government for the improvement of pension benefits to its own employees through circulars or notifications or administrative orders issued from time to time.

4. Pakistan Telecommunication Company Limited (PTCL) was established under Section 34 of Pakistan Telecommunication (Re-organization) Act1996. The assets, and the properties, rights and liabilities of PTC were vested in PTCL, NTC, PTA, PTET and FAB. PTC employees once again were transferred to PTCL under Section 36 of the Act and re-designated as “Transferred Employees”. The section of the Act further mandates Federal Government to guarantee the existing terms and conditions of service and rights, including Pensionary benefits to the Transferred Employees. 5. Pakistan Telecommunication Employees Trust (PTET) was established under Section 44 of the Act. All assets and liabilities of Pakistan Telecommunication Corporation Employees Pension Fund, as created by a Trust Deed dated the 2nd April 1994, were vested in the PTET. Under Section 45 of the Act mandating PTCL to contribute to the Pension Fund the amount determined by the Actuary representing the unfunded proportion of the accrued pension liabilities under Section 35 of the Act.

6. Section 46 of the Act laying down Functions and Powers of the Trust mandates PTET to obtain payment from PTCL of the amount determined by Actuary as representing the unfunded proportion of the accrued pension liabilities to be discharged by the Company and make provision for the payment of pension to telecommunication employees to the extent of their entitlement. The Section further bestows exclusive right on the Board of Trustees, in performance of its function, to determine the amounts, if any, payable in respect of pension benefits to the telecommunication employees.

7. All the increases in Pension announced by GOP were immediately endorsed by PTET and rightly so since all the Pensionary benefits and rights of “Transferred Employees” are protected by Law as explained above (copies attached). However, PTET has not yet endorsed pensionary benefits announced by government of Pakistan vide various Notifications dated 5th July 2010 for enhancement of Pensionary Benefits (increase in Pension, Medical Allowance, Increase in Minimum Pension and enhancement of Family Pension) despite a lapse of four months.

8. Sir, there is no justification for the Trust to delay the Pensionary benefits announced by GOP to PT&T/PTC/PTCL Pensioners. Instead PTET has chosen to ignore the representations lodged by the various Pensioners including the one lodged by me. Further Board of Trustees has chosen to ignore the GOP Notifications and not taking decision by the Trustees for the circulation of the benefits to Pakistan Post for disbursement. Board of Trustees is exposing the Pensioners to further hardships in the face of unprecedented inflation only to protect PTCL revenues against the spirit of Para 24 of the Trust Deed which binds the Trustees with following words: “PROVIDED ALWAYS that the Trustees shall administer the Fund for the benefit of the Members in accordance with the provisions of These Presents”

PRAYERS:

Sir nobody can better than you realize that not endorsing increases in pensionary benefits announced by the GOP , is a Human Rights Violation as well because more than 200,000 family members of pensioners are deprived of the basic necessities due to non increase of pensionary benefits by the PTET and the hardship of senior citizen who at the age of more than 70 years can fight for their rights at the street or in the court of law. Sir, it is also very difficult for the Widows and the Orphans who are receiving nominal pension and facing difficulties even in meeting their day to day expenses especially in the current unprecedented rise in cost of living.

Sir, there are about 39,000 pensioners out of which 80% are very low income pensioners and belong to lower grades.

Sir It is therefore, requested to kindly issue orders to the Board of Trustees through MD PTET to immediately endorse the increases in the pensionary benefits & Medical Allowance w.e.f 1-7-2010 as announced by the GOP in the federal budget 2010-11 and save more than 39000 pensioners who are running pillar to post to get their legitimate right from the Pension Trust Fund (PTET) once for all.

Your’s Faithfully,

Name: ______

P.P.O #: ______

Phone No: ______

Address: ______

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