lqbal Hussain vs The General Manager, Southern Telecom Region-II
The petitioner, originally appointed to the Pakistan Telegraph & Telephone Department in 1963, challenged an order of the Federal Service Tribunal regarding his employment status following the department's privatization. The core legal question before the Supreme Court was whether the petitioner remained governed by statutory rules despite the privatization and conversion of the department into a company, thereby entitling him to specific service remedies. The Court noted the petitioner's reliance on a recent consolidated judgment of the Supreme Court dated 12.6.2015, which addressed similar issues of statutory service rules post-privatization. Finding that the contentions raised required deeper consideration, the Court granted leave to appeal. The Court directed the petitioner to submit all documentation pertaining to his appointment and continuous service since 1963 and ordered the office to relist the appeals for hearing within six months. The decision establishes that the applicability of statutory rules to employees of privatized entities is a matter requiring judicial review in light of established precedents.
- Does an employee appointed to the Pakistan Telegraph & Telephone Department prior to its privatization remain governed by statutory rules?
- Can the conversion of a government department into a company divest an employee of the protection of statutory service rules?
ORDER
1. ' ANWAR ZAHEER JAMALI, J. --- Learned ASC for the petitioner, inter alia, contends that petitioner was appointed in Pakistan Telegraph & Telephone Department on 17.1.1963 which had statutory rules. In such circumstances even after its privatization and conversion into company for the purpose of remedy he was governed by statutory rules as against the conclusion recorded in the impugned order by Federal Service Tribunal. In support of his submissions he has placed reliance upon the recent consolidated judgment of this Court in C.P. No. 565/2014, C.P.No. 2067/2014 and other petitions dated 12.6.2015. Contentions raised need consideration. Leave to appeal is accordingly granted. The petitioner is, however, directed to place all the documents regarding his appointment and continuation of service since 1963. Office to relist the appeals arising out of this petition for hearing within six months.