DECISION ON CIVIL APPEALS AGAINST PTCL OCTOBER 07 2011

The Supreme Court of Pakistan passed on following judgement in the favour of PTCL employees and admitted their status as of Civil Servants.

IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)

Present:
MR. JUSTICE MIAN SHAKIRULLAH JAN
MR. JUSTICE JAWWAD S. KHAWAJA
MR. JUSTICE SARMAD JALAL OSMANY

CIVIL APPEALS NOs. 239 TO 241 OF 2011
(Against the consolidated judgment of the High Court of
Sindh, Karachi dated 3.6.2010 passed in C.Ps. Nos.D-
520/2009, D-2414/2007 & D-827/2007 respectively).

Masood Ahmed Bhatti … Appellant (in CA 239/2011).
Syed Muhammad Dilavez … Appellant (in CA 240/2011).
Nasir Uddin Ghori … Appellant (in CA 241/2011).

VERSUS

Federation of Pakistan thr. Secretary, M/o Information
Technology & Telecommunication etc.…Respondents (in all cases).

For Appellants: In person, (in CAs 239 & 240/2011)
For the Appellants: Mr. Abdur Rahim Bhatti, ASC a/w
(in CA 241/2011): Raja Abdul Ghafoor, AOR
For the Respondents: Mr. Zulfiqar Khalid Maluka, ASC
(PTCL, in all cases)
Date of Hearing: 11.8.2011.

These appeals have been filed by three individual appellants who admittedly were civil servants employed by the Federation in the
Telephone and Telegraph (‘T&T’) Department prior to the enactment of the Pakistan Telecommunication Corporation Act 1991 (the ‘PTC Act’). To provide context to the discussion which follows, the backdrop of this litigation may briefly be stated. Nasir Uddin Ghori, the appellant in CA 241/2011 had earlier obtained a judgment from the
Service Tribunal dated 28.5.2004 which held that he “will be deemed to have been promoted as ADE (B-17) with effect from the date of qualifying degree of B-Tech (Hons)”. The seniority list of the ADE cadre was also directed by the Tribunal, to be corrected accordingly. Since this judgment was not implemented by the respondent namely, Pakistan Telecommunication Company Limited (‘PTCL’), Mr. Ghori approached the High Court seeking implementation of the same but his Constitution
CAs 239 to 241/2011 Petition No.D-827/2007 has been dismissed by a learned Division Bench of the Sindh
High Court vide impugned judgment dated 3.6.2010.

Download Complete Judgment

Source: www.supremecourt.gov.pk

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