Five-year service must for judges pension: SC
April 12, 2013
ISLAMABAD: The Supreme Court on Thursday set aside the earlier judgment of three-member bench declaring that the judges of the superior courts who were in receipt of pension despite having rendered less than five years service, would not be entitled to receive pension.
A five-member bench of the apex court headed by Justice Anwar Zaheer Jamali and comprising Justice Mian Saqib Nisar, Justice Ejaz Afzal Khan, Justice Muhammad Ather Saeed and Justice Iqbal Hameedur Rahman heard the Constitution Petition regarding pension benefits of the judges of superior courts from the date of their respective retirement, irrespective of their length of service as such judges and other connected applications.
The court held that the law enunciated in the case of Accountant General of Pakistan (AGP) Sindh and others versus Ahmed Ali U Qureshi and other (PLD 2008 SC 522) was per incuriam and consequently this judgment was set aside.
It is pertinent to mention here that the Civil Petition for Leave to Appeal No 168-K of 1995 was filed in the court by the AGP Sindh, challenging the validity of the judgment of SHC dated 02.02.1995, wherein the court granted the relief of pension to the respondent (since dead), a former SHC judge who while holding the post of District and Sessions Judge was posted as Secretary to the Government of Sindh, Law Department and was elevated as SHC additional judge in 1985. He retired on 25.10.1988 and was allowed pension under paragraph 16-B of President’s Order No 9 of 1970, as amended by PO No 5 of 1988.
A five-member bench of the apex court headed by Justice Anwar Zaheer Jamali and comprising Justice Mian Saqib Nisar, Justice Ejaz Afzal Khan, Justice Muhammad Ather Saeed and Justice Iqbal Hameedur Rahman heard the Constitution Petition regarding pension benefits of the judges of superior courts from the date of their respective retirement, irrespective of their length of service as such judges and other connected applications.
The court held that the law enunciated in the case of Accountant General of Pakistan (AGP) Sindh and others versus Ahmed Ali U Qureshi and other (PLD 2008 SC 522) was per incuriam and consequently this judgment was set aside.
It is pertinent to mention here that the Civil Petition for Leave to Appeal No 168-K of 1995 was filed in the court by the AGP Sindh, challenging the validity of the judgment of SHC dated 02.02.1995, wherein the court granted the relief of pension to the respondent (since dead), a former SHC judge who while holding the post of District and Sessions Judge was posted as Secretary to the Government of Sindh, Law Department and was elevated as SHC additional judge in 1985. He retired on 25.10.1988 and was allowed pension under paragraph 16-B of President’s Order No 9 of 1970, as amended by PO No 5 of 1988.
