Legal Question in Civil Rights Law in Pakistan

Non-payment of increase in pension by the MCB bank to its retired employees,

I am an Ex officer of the Muslim Commercial Bank Ltd. I submit briefly the facts of the case.

I joined M.C.B.Ltd in 1961, when it was a private institution. In 1974 the Bank was nationalized and its entire affairs were controlled by the Govt of Pakistan. In 1978 new retirement benefits (Pension Scheme) in lieu of the old one were introduced by the Govt.In 1991 the Bank was privatized and purchased by M/S MANSHA group. I left the Bank in 1989 before the privatization.Govt of Pakistan announces increase in pension almost every year for the pensioners in its budget speech but no action is being taken by the Bank. I ask the bank that since 1989, the date of retirement, I am getting pension with no increase why? Their reply is as under:-

That MCB Bank is a private institution and its affairs are being run by private management. Even when it was a nationalized institution, employees of MCB were not CIVIL SERVANT. Therefore changes in salaries of civil servant or pensioners have no applicability to employees of MCB. My view point is:-

1) Proper definition of civil servant is required but the bank is silent on the issue, therefore merely saying that you are not civil servant is not fair.

2) I was in the services of the Bank before its privatization i.e. in nationalized period when the bank was the property of the Govt and employees working therein were Govt Employees, discharging professional & administrative services in the nationalized Bank. So I was civil servant.

3) Why the Bank is paying regularly pension to the retired employees of the nationalized period who had opted for the new benefits (Pension Scheme),If they are not civil servants.

Help needed

A) What is my legal position? Am I Civil servant or not?

B) Let me know the court, where I can lodge my case.

C) Any other information which can help me in resolving my case.

Thanks


Asked on 7/25/11, 1:59 am

2 Answers from Attorneys
Salman Khan International Lawyer

1. You were not a civil servant, rather you were a public servant.

2. You can file a writ of Co warranto at High Court but i suggest that you should file a Writ of Mandamous at Civil Court first.

3. Better way to start is to send a legal notice to the parties involved in the infrigement of your right.

For more do consult me at [email protected]

Regards,

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Answered on 7/25/11, 3:09 am

The time has elapsed for any type of writ. you should address a simple application to Chief Justice of pakistan in HR Cell and they will get back to you accordingly.

for details 03215535469

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Answered on 7/25/11, 6:21 am


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