BEFORE THE HONOURABLE ISLAMABAD HIGH COURT ISLAMABAD pot PrIvate Ua i ay xuut vali Khan son of Sardar Khan resident of Dagai Qadeem Post Office Pabbi Tehsil and District Noshehra 2. Muhammad Afsar Khan son of Sameen Jan resident of akka khail Tehsil and District Sawabi 3. Fazl Ali son of Muhammad Haroon Khan resident of House No. 340, Mohallah F-8 Post Office Hayat Abad Peshawer 4. Muhammad Qasim son of Agha Muhammad resident of Malik Abad Noshehra Klan Tehsil and District Noshehra’ ” «Petitioners Versus | 1. Federation of Pakistan through Secretary Ministry of Information Technology, Evacuee Trust Building Fourth Floor, Sector F-5/1, Islamabad 2. Pakistan Telecommunication Company Limited (PTCL), through its President, PTCL Headquarter, Sector G-8/4 Islamabad. Respondents WRIT PETITION UNDER ARTICLE 199 READ WITH ARTICLE 187 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN: Respectfully sheweth: A. That the addresses of the parties have been correctly noted in the heading of this writ petition which are sufficient for the purpose of service to be issued by this Honourable Court,ISLAMABAD HIGH COURT ISLAMABAD W.P. No. 1875/2016 NOOR WALI KHAN, ETC. Versus FEDERATION OF PAKISTAN AND ANOTHER. Petitioners by: Hafiz Arfat Ahmad Ch, Advocate. Ms. Kashifa Niaz Awan, Advocate. Respondents by: Mr. Shahid Anwar Bajwa, Advocate. Date of hearing: 30.11.2016. SHAUKATAZIZ SIDDIQUI:J: _ Petitioners invoked the Constitutional Jurisdiction of this Court by way of filing instant Writ Petition with the following prayer:~ “Based on the foregoing, it is very respectfully prayed that this Honourable Court may graciously be pleased to: A. Declare that the act of respondent No.2 whereby it is not extending the benefits of revision in Basic Pay Scales (as approved and notified by the Federal Government in 2011 and 2015 to the petitioners and denying to grant adhoc relief allowance @ 20% of basic pay (as granted by the Federal Government through Office Memorandum F.No. 1(3)Imp/2012 dated 02.07.2012) is unconstitutional, discriminatory, unlawful and based on sheer malafide; B. Direct the respondent PTCL to extend the benefits of revision in Basic Pay Scales -2011 and 2015 to the petitioners as approved and notified by the Federal Government; ©. Direct the respondent PTCL to grant adhoc relief allowance @ 20% of basic pay to the petitioners as granted by the Federal Government vide Office Memorandum F.No.1(3)Imp/2012 dted 02.07.2012; D. Direct the respondent PTCL to grant 12 months leave encashment to the petitioners as is given to the Federal Government Employees upon joa to be Tr, their superannuation in case the petitioners superannuate during I, vlé Direct the respondent PTCL to revise, as a consequence of above Ve C pendency of the instant petition; declaration/directions, all service benefits including pensionarybenefits in case the petitioners superannuate during pendency of the instant petition; F. Grant any other relief this Honourable Court deems fit and just in the circumstances of the case; G. Granit costs of the case.”. 2. Brief facts presented through instant writ petition are that:- Petitioners joined the predecessor of Respondent PTCL te. Pakistan Telegraph and Telephone Department (T & T), which was converted into Pakistan Telecommunication Corporation (PTC) by virtue of Section 3 of the Pakistan Telecommunication Corporation Act, 1991. Thereafter, in the year 1996 to provide for re-organization of telecommunication system in Pakistan, legislature promulgated (Re-organization) Act, which besides creating four other entities, also created Respondent, PTCL. After aforementioned changeovers from T & T to PTC and PTC to PTCL, the organization underwent another change when in the year 2006, Federal Government decided to partially privateize it by selling its 26% shares to a Dubai based company namely, Etisalat International. The parties ie, Federal Government of Pakistan and Etisalat International, entered into a Shareholders Agreement dated 12.04.2006, accordingly. Inall the above said three conversions, provisions were provided eg. in PTC Act, 1991 Section 9 was inserted; in PTCL (Reorganization) Act, 1996 Section 35 & 36 were added and in the Shareholders Agreement clause 16.1 was inserted with an intent to give protection to the transferred employees. Now, Petitioners who are the transferred employees of transformed T & T claim that despite there being due protection provided to their terms and conditions of service, through the said provisions in all the three transformations, management of Respondent No.2 is withholding, all financial benefits to Petitioners, granted by the Federal Government, to its employees from time to time, through different notifications. 3. Respondent No.2, through written comments raised preliminary legal objections and also rebutted the assertions, of Petitioneyas under:- + That employment of Respondent No.2's employees is. governed by the ile of Master and Servant thus no declaratory or injunctive relief can be granted to Petitioners and writ petition is liable to be dismissed on this wr. /gfound alone; «That Petitioners ceased to be the civil servants, with effect from 01.01.1991 after joining PTC and no change in their terms & conditions can be or has been made applicable;