AIRLINK 204.00 Increased By ▲ 3.10 (1.54%)
BOP 10.05 Decreased By ▼ -0.10 (-0.99%)
CNERGY 6.92 Increased By ▲ 0.04 (0.58%)
FCCL 34.85 Increased By ▲ 0.76 (2.23%)
FFL 17.28 Increased By ▲ 0.30 (1.77%)
FLYNG 24.61 Increased By ▲ 0.57 (2.37%)
HUBC 137.49 Increased By ▲ 5.79 (4.4%)
HUMNL 13.84 Increased By ▲ 0.08 (0.58%)
KEL 4.90 Increased By ▲ 0.09 (1.87%)
KOSM 6.68 Decreased By ▼ -0.02 (-0.3%)
MLCF 44.20 Increased By ▲ 0.87 (2.01%)
OGDC 221.70 Increased By ▲ 2.95 (1.35%)
PACE 7.07 Increased By ▲ 0.09 (1.29%)
PAEL 43.00 Increased By ▲ 1.46 (3.51%)
PIAHCLA 17.12 Increased By ▲ 0.05 (0.29%)
PIBTL 8.60 Decreased By ▼ -0.05 (-0.58%)
POWER 8.99 Decreased By ▼ -0.12 (-1.32%)
PPL 190.00 Increased By ▲ 2.88 (1.54%)
PRL 43.00 Increased By ▲ 0.94 (2.23%)
PTC 25.00 Increased By ▲ 0.01 (0.04%)
SEARL 106.20 Increased By ▲ 5.90 (5.88%)
SILK 1.02 Increased By ▲ 0.01 (0.99%)
SSGC 42.75 Increased By ▲ 0.42 (0.99%)
SYM 18.35 Increased By ▲ 0.37 (2.06%)
TELE 9.17 Increased By ▲ 0.06 (0.66%)
TPLP 13.18 Increased By ▲ 0.25 (1.93%)
TRG 67.98 Decreased By ▼ -0.37 (-0.54%)
WAVESAPP 10.26 Decreased By ▼ -0.03 (-0.29%)
WTL 1.87 Increased By ▲ 0.01 (0.54%)
YOUW 4.15 Increased By ▲ 0.02 (0.48%)
BR100 12,137 Increased By 188.4 (1.58%)
BR30 37,146 Increased By 778.3 (2.14%)
KSE100 115,272 Increased By 1435.3 (1.26%)
KSE30 36,311 Increased By 549.3 (1.54%)

ISLAMABAD: The Supreme Court stayed the implementation of the Lahore High Court (LHC)’s judgment to incorporate the judicial allowance and special judicial allowance in the pension of the retired employees of the LHC Establishment and retired judges of the subordinate judiciary.

A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Aminud Din and Justice Mussarat Hilali, on Tuesday, heard the appeal against calculating pensionary benefits including commutation of Judicial Allowance & Special Judicial Allowance as part of pay.

The bench suspended the LHC impugned judgment and issued notices to the respondents.

Trial of General Pervez (retd): LHC had wrongly applied Mustafa Impex case: SC

Advocate General (AG) Punjab Khalid Ishaq, in the concise arguments, contended that the Full Bench of the LHC on 18-07-2023 without dilating upon/ determining any legal or constitutional issued the judgment. It failed to appreciate that a Constitutional petition under Article 199 can at best only be filed for the enforcement of a right and not for the creation of one. The LHC handed down the impugned judgment, without dilating upon/ determining any legal or constitutional issue.

The AG Punjab submitted before the bench that the five petitions assailed the same decision even in the writ petitions filed by District and Sessions Judges, and employees of the LHC establishment by relying upon two notifications, 536/ GAZ 2012 and 537/ GAZ 2012.

He submitted that the notifications were issued by the LHC, Lahore, adding the matter did not fall in the constitutional domain of the LHC as it had to be addressed by the legislature and implemented by the executive.

The AG Punjab said that if the LHC order is implemented then the provincial government would face an additional burden of Rs3 billion per year in its annual budget.

He said two allowances; i.e., judicial allowance and the special judicial allowance – are allowed to the judges when they are in service and cannot be added to the pensionary benefit of retired judges.

He submitted that the judicial allowance granted to the district judiciary in Sindh province was directed by the Sindh High Court (SHC) on its administrative side to be included in and to be reckoned for the purposes of calculation of pension. He said that the appeal against the SHC’s order is pending before the Supreme Court and leave has been granted.

Ishaq said that the Finance Department on 28-01-1999 issued notification for the grant of judicial allowance to the incumbents; i.e., various judicial officers w.e.f. 01-01-1999 at various rates. Another notification on 12-08-2008 was issued conferring special judicial allowance in favour of the judicial officers of the District Judiciary in the Punjab equal to three times the initial of the substantive pay scales with effect from 01.07.2008.

Copyright Business Recorder, 2024

Comments

Comments are closed.

Tariq Qurashi Mar 06, 2024 10:31am
Government pension requirements are getting too high for the country to afford because funds were not set aside and invested properly to meet the pension requirements.
thumb_up Recommended (0)