The Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Order, 1998 (President's Order No. 2 of 1998)

Updated: Friday July 08, 2016/AlJumaa Shawwal 03, 1437/Sukravara Asadha 17, 1938, at 03:08:58 PM

The Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Order, 1998

PRESIDENT’S ORDER 2 of 1998

ORDER

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) Order, 1998.

(2) It shall come into force at once.

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 inserted, namely:---

“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,---

(a) is appointed to act an arbitrator by the Federal Government or a Provincial Government or a Commission of Inquiry; or

(b) 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. “

Explanation.-For 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.