ISLAMABAD:The Supreme Court has overruled the registrar office’s objections to a petition seeking to declare entitlement of the chief judge and judges of the Gilgit-Baltistan Supreme Appellate Court, who are appointed for a fixed term of three years, to pensionary benefits as illegal.
A division bench of the apex court led by Justice Syed Mansoor Ali Shah heard the petition filed by Muhammad Ibrahim advocate through Arif Chaudhry advocate.
During the hearing, the counsel for the petitioner argued that G-B’s chief judge is appointed for a term of three years in terms of Article 60(8) of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, and, therefore, “he is not entitled to pension”.
It was submitted that pension was granted to the judges of the G-B court in the light of a judgment pronounced in 2008. However, the judgment was declared to be per incuriam (through lack of care) by the Supreme Court of Pakistan in 2013 regarding pensionary benefits of judges of the superior courts from the date of their retirement irrespective of their length of service as judges.
“It is contended that in view of the latest judgement law, the judges are no more entitled to pension. This aspect of the matter can best be appreciated and resolved on the judicial side; therefore, the office objection is overruled. The office is directed to number the petition and fix it for hearing on June 11, 2024,” says the written order.
The petitioner prayed the Supreme Court that the commutation of pension amounting to Rs67,306,073 (six crore thirty lac six thousand and seventy-three rupees) paid by the Accountant General of Pakistan be ordered to be recovered along with monthly pension drawn by former chief judge Rana Muhammad Shamin with effect from 01.09.2018 till to date and stoppage of monthly pension.
It is also pleaded that other privileges illegally extended to the former judge by way of provision of down payment vehicle and staff — both regular and contingent paid — be recalled forthwith.
The petition stated that Rana Shamim had completed his three-year term on August 30, 2018 at the age of 68 years and applied for pensionary benefits with the Auditor General of Pakistan which raised certain legal objections on the pension claim.
However, the matter was referred to the Ministry of Kashmir Affairs and Gilgit-Baltistan which allowed him the pension benefits ‘illegally’. The counsel for the petitioner argued that G-B’s chief judge is appointed for a term of three years in terms of Article 60(8) of the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, and, therefore, “he is not entitled to pension”.
