The Supreme Court Judges
(Leave, Pension and Privileges) (Amendment) Order, 1998
PRESIDENT’S ORDER 2 of
Whereas it is expedient to
amend the Supreme Court Judges (Leave, Pension and Privileges) Order, 1997 (P.O.
No.2 of 1997), for the purposes hereinafter appearing;
Now, therefore, in exercise
of the powers conferred by the Fifth Schedule to the Constitution of the Islamic
Republic of Pakistan, the President is pleased to make the following Order:---
1. Short title and
commencement.-(1) This Order may be
called the Supreme Court Judges (Leave, Pension and Privileges) (Amendment)
(2) It shall come into force
2. Amendment of paragraph
16, P.O. No.2 of 1997. In the Supreme
Court Judges (Leave, Pension and Privileges) Order, 1997, hereinafter referred
to as the said Order, in paragraph 16, in subparagraph (1), after the proviso,
the following Explanation shall be added, namely:---
“Explanation.- The expression
“salary” means the salary referred to in paragraph 1 of the Fifth Schedule to
the Constitution of the Islamic Republic of Pakistan or such higher salary as
the President may determine from time to brie but shall not include any
allowance or amount representing any privilege or facility.”
3. Insertion of new
paragraph 16A, P.O. No.2 of 1997. In
the said Order after paragraph 16, the following new paragraph shall be
“16A. Pension on
re-employment etc.-(1) Where a Judge in receipt of a pension is appointed to
a post in connection with the affairs of the Federation or a Province or a body
owned or controlled by any such Government or is holding any such post he shall
draw the pay sanctioned for the post minus his gross pension.
(2) Where a Judge who is
receiving a pension,---
is appointed to act an arbitrator by the Federal Government or a Provincial
Government or a Commission of Inquiry; or
is required by such Government to give a legal opinion in any matter,
he shall not receive any fee
or compensation for so acting or tendering a legal opinion except reimbursement
of out of pocket expenses.
(3) Nothing contained in
subparagraphs (1) and (2) shall apply to a Judge who is in receipt of a pension
before the commencement of the Supreme Court Judges (Leave, Pension and
Privileges) (Amendment) Order, 1998, and opts not to have his pension increased
as a consequence of the increase in salaries provided thereby.”.
4. Substitution of
paragraph 17, P.O. No.2 of 1997. In the
said Order, for paragraph 17 the following be substituted, namely:---
“17. Commutation of
pension.-(1) Subject to paragraphs (2) and (3) the Civil Pension
(Commutation) Rules shall, with necessary modifications, apply to a Judge.
(2) Where the pension of a
Judge increase at any time after his retirement on account of a subsequent
increase of salaries payable to Judges, he shall not be entitled to have the
differential of the pension payable to him at the time of his retirement and the
subsequent increase in pension commuted.
(3) A Judge at the time of
his appointment to a High Court was in receipt of a pension in respect of any
post and had got any part of the said pension commuted, the amount of
commutation so paid shall be deducted from the amount of commutation arrived at
under sub-paragraph (1).”
5. Amendment of paragraph
20, P.O. No.2 of 1997. In the said
Order, in paragraph 20, in sub-paragraph (2), for the words “thirteen thousand
five hundred” the words “twenty-five thousand” shall be substituted.
6. Amendment of paragraph
22, P.O. No.2 of 1997. In the said
Order for paragraph 22, the following shall be substituted, namely:---
“22. Superior Judicial
Allowance. A Judge shall be entitled to be paid monthly, a superior Judicial
Allowance amounting to seven thousand rupees. “
the purpose of this paragraph “Judge” shall include “the Chief Justice” or “an
Acting Chief Justice”.
7. Omission of paragraph
23, P.O. No.2 of 1997. In the said
Order, paragraph 23 shall be omitted.
8. Amendment of paragraph
24, P.O. No.2 of 1997. In the said
Order in paragraph 24 the word and figures “or 23” shall he omitted.