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IN THE COURT OF _______SENIOR CIVIL JUDGE SOUTH AT

KARACHI

Civil Suit No. /2018

Lutuf Ali Uqaili


s/o Ghulam Rasool Uqaili
Muslim Adult,
r/o E-11, KDA Overseas Apartment,
Gulshan-e-Iqbal,
Karachi………………………………..….………….……….......…Plaintiff

VERSUS

1. Pakistan Telecommunication Company Limited through


President & CEO

2. General Manager (HR&A), Business Zone South,


Hatim Alvi Road, Clifton,
Karachi.………………………………………………………Defendant

SUIT FOR DECLARATION AND INJUNCTION

The above named plaintiff respectfully submits as


under:
1. That Plaintiff is an ex-employee of the establishment
of Defendant having Employee No.10027266 appointed
through Federal Public Service Commission on 31-03-1990
as Assistant Divisional Engineer in Basic Pay Scale No.17
vide appointment letter bearing No.(I).17-184/89 dated 31-
03-1990 whose services transferred to Defendant’s
establishment under force operation of law on initial
appointment which governed under Section 3 to 22 of the
Civil Servant Act.1973 protected under Section 35 (2) and
36 of the Pakistan Telecommunication (Re-Organization)
Act.1996 as Public Policy. Case law 2017 SCMR 1362
(Copy of Appointment letter is annexed as Annexure-“A”)

2. That Plaintiff as Senior Manager/Executive in Basic


Pay Scale No.19 retired on 16-02-2018 under statutory
Service Contract from Defendant’s establishment vide
Notification bearing No.S/L-20 Dated 15-02-2017.
(Copy of Notification dated 15-02-2017 is annexed as
Annexure-“B”)

3. That Defendant at the time of ending employment


modified the prescribed Pension Form governed under
Section 19 of the Civil Servant Act.1973 and made changes
illegally and unlawfully to bring the employment under PTCL
Service Regulation 1996 which has no concern with the
Plaintiff Rule and Regulation of Service and an attempt to
alter the terms and condition of service of the Plaintiff
protected under Section 35 (2) and 36 of the Pakistan
Telecommunication (Re-organization) Act.1996 in violation
of dictum laid down by the Supreme Court [ 2012 SCMR 152
& 2016 SCMR 1362] to obtained un-qualified consent ,
Declaration recovery under revised pension rule,1996,
Affidavit for recovery under PTCL Service Regulation by
creating hostile condition and adopted coercive tactics and
threat of stoppage of retirement dues as such it was signed
and submitted with no other choice accept to surrender
against their demand un-willingly as such has no legal
binding on Plaintiff.
(Copy of modified Pension papers is annexed and marked
as Annexure-“C”)

6. That Defendant acted against principle of equality or


bargaining as such Plaintiff was duped, lured & coerced to
sign Affidavit contrary to the Pension Form CSR-25 (Revised ,
2016) in such an hostile environment Petitioner ended his
carrier and availed Voluntarily retirement ahead of tenure of
statutory service contract on 16-02-2018.

7. That Defendant being stronger party obtained


Affidavit and Declaration by applying PTCL Service
Regulation 1996 which was against the norms of Section 35
(2) & 36 of the (Re-Organization) Act.1996 and contrary to
the mandate of law as settled by the Apex Court as such
Plaintiff confronted with a pressure situation find himself
losing his honour and surrendered to the demand of
Defendant and act done was not freely and voluntarily as
such in said situation Honourable Court held if an act not

done freely and voluntarily but under pressure


impermissible in law, does not bind the doer. It elementary
law seeking justice that circumstances cannot be such nor
created thus that a person finds himself losing his honour or
surrendering to the demands of another. If he chooses
honour to surrender his right, the choice is obviously neither
free nor voluntary but under the compulsion of the
circumstances which is the case of the Plaintiff. Case Law
1980 PLC (C.S.) 139 relevant Page 152.

8. That the cause of action accrued in favour of the

Plaintiff against the Defendant on 16-02-2018 when Plaintiff

retired from the service under statutory service contract and

compelled to sign modified Pension Paper which does not

relates to terms and condition of statutory Service Contract

as such Defendant failed to fulfill his commitment regarding

adhering to dictum laid down by the Hon’ble Supreme Court

settling the terms and conditions of service and the Rule and

Regulation [ 2012 SCMR 152 & 2016 SCMR 1362] prescribed

under Section 3 to 22 of the Civil Servant Act.1973 as a result

Plaintiff Pension has been miscalculated and due amount

under Revised Basic Pay Scale since 2001 has not been
reckoned for the purpose of Pensionary benefits as such

Defendant breach the Article 4 and 24 of the Constitution of

Islamic Republic of Pakistan 1973 failed to pay and Pension

in accordance with the admissible Government basic pay

Scale and cause of action continues as outstanding dues has

not be settled by the Defendant till the filling of the suit.

9. That suit is valued for Declaration on Rs.100/= and


for Injunction Rs.100/= which is less than Court fee and
exempted. The suit fall within the limit of P.S. Clifton and well
within jurisdiction of this Honourable Court.

P RAYER
It is therefore, most humbly prayed that this Honourable
Court may graciously be pleased pass judgment and decree
against the Defendant and in favour of Plaintiff in the following
manner.
A). To declare procedure and process on void actions that
amount of Pension paid under PTCL Service
Regulation,1996 is illegal and un-lawful.

B). To declare changes made and modified Pension Paper


CSR-25 is null and void having no legal effect thus not
binding upon Plaintiff.

C). To direct the Defendant to Re-calculate due Pension in


accordance with the terms and condition of service of
the Plaintiff and pay the exact amount as per last
drawn emoluments after fixation of pay under
Revised Basic Pay Scale since 2001 and onward till
date of retirement and issue Pay Slip of each revision.

D). The all due payments of pension be made with 15%


compound mark-up till entire amount is paid because
defendants have used this money in their profitable
business.
E). Cost of suit be paid to the plaintiff

F). Any other relief (s) that this Honourable Court may
deem fit and proper in the circumstances of the case.
until amount is fully paid with accrued mark up at the
prevailing market rate.

Karachi Plaintiff
Dated: 22-05-2018

ADVOCATE FOR PLAINTIFF

VERIFICATION

I, Lutuf Ali Uqaili s/o Ghulam Rasool Uqaili Muslim,


adult, r/oKarachi do hereby state on Oath that whatever
stated hereinabove is true and correct to the best of my
knowledge and belief.

Karachi DEPONENT
Dated. 22-05-2018.

Identified by me.
ADVOCATE
Solemnly affirmed on oath before by me by the
deponent on this ____ day of May,2018, who is identified by
Syed Ansar Hussain Zaid Advocate, who is known to me
personally. The contents of the Plaint were firstly, truly and
audibly read over and explained to the Plaintiff and he
appears to have understood the same puts his signature
before me
COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENTS FILED Photostat copies of documents


marked as ANNEXURE “A” to “J” as
mentioned in Plaint and Index.

DOCUMENTS RELIED UPON As per Annexure of Plaint & other


relevant ddocuments/records.
NAME AND ADDRESS OF As on Title Page
THE PLAINTIFF.
NAME AND ADDRESS OF As per title page of the Plaint
DEFENDANTS

Karachi Plaintiff
Dated: 22-05-2018

ADVOCATE FOR PLAINTIFF

IN THE COURT OF _______SENIOR CIVIL JUDGE SOUTH AT


KARACHI

Civil Suit No. /2018


Lutuf Ali Uqaili……….….……….………...……………………….Plaintiff
VERSUS

PTCL ……….….………………………………………………..…Defendant

AFFIDAVIT IN SUPPORT OF MEMO OF PLAINT

I, Lutuf Ali Uqaili s/o Ghulam Rasool Uqaili Muslim


adult, r/o Karachi, holding CNIC # 42201-7559059-9 Cell
No.03002663889 do hereby state on oath as under:

1. I say that I am the in the captioned matter and, as


such, am well conversant with the facts of the above case.

2. I say that the accompanying memo of Petition is


drafted and filed under my instructions and contents
thereof are true and correct to the best of my knowledge
and belief.
3. That for the sake of brevity I have not repeated the
contents of the accompanying memo of petition therefore,
the same may be treated as part and parcel of this affidavit.

4. That unless the accompanying Petition is allowed, the


shall be seriously prejudiced.

5. That whatever stated above is true and correct to the


best of my knowledge and belief.

Karachi Deponent
Dated 22-05-2018
Identify by me
Advocate
Solemnly affirmed before me at Karachi on this ___ day
of May,2018 by the deponent above named who is identified
to me by Syed Ansar Hussain Zaidi Advocate who is
personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT

IN THE COURT OF _______SENIOR CIVIL JUDGE SOUTH AT


KARACHI

Civil Suit No. /2018


Lutuf Ali Uqaili……….….……….………...……………………….Plaintiff
VERSUS

PTCL ……….….………………………………………………..…Defendant

LIST OF LEGAL HEIRS

S.NO. NAME OF LEGAL HEIRS AGE RELATIONSHIP


1 Mst Naila 49 Wife
2 Maha Ali 26 Daughter
3 Shanyal Uqaili 24 Son

In case of death of Plaintiff legal heirs at S.No.1 will proceed


in the matter
Karachi:
Dated: 22-05-2018 ADVOCATE FOR PLAINTIFF