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Sunday, June 09, 2013
Retired judges get Rs 1.64bn relief from SC verdict
* Former high court judges will not be depositing an amount of Rs 1.64 billion in public exchequer, which they had received in the name of pension in the past
By Hasnaat Malik
ISLAMABAD: Due to the opposite opinion of three Supreme Court judges in the detailed judgement, 69 retired high courts judges will get relief, as they will not deposit an amount of approximately Rs 1.64 billion in the public exchequer, which they had received in the name of pension in the past.
A five-member bench of the SC, headed by Justice Anwar Zaheer Jamali and including Justice Mian Saqib Nisar, Justice Ejaz Afzal Khan, Justice Muhammad Ather Saeed and Justice Iqbal Hameedur Rahman, on April 11 had set aside through a short order the earlier judgement of a three-member bench declaring that the judges of the superior courts, who were in receipt of pension despite having rendered less than five-year service, would not be entitled to receive pension.
The short order said, “We hereby, in exercise of all the enabling powers vested in this court, hold and declare that the law enunciated in the case of accountant general Sindh and others versus Ahmed Ali U Qureshi and others (PLD 2008 SC 522) is per incuriam and consequently this judgement is set aside. The titled appeal is accepted and the judgement impugned therein is also set aside. Other miscellaneous applications moved therein and in these proceedings are dismissed accordingly.”
In the detailed judgement, three judges of the bench – Justice Mian Saqib Nisar, Justice Athar Saeed and Justice Iqbal Hameedur Rehman – gave dissenting notes, opposed the retrospective effect of the judgement.
If the judgement is given retrospective, then Rs 1, 647,130,156 had to be recovered from 69 judges of the high courts. Of the total amount Rs 858,135,924 from 36 judges of the LHC, Rs 397,542,434 from 17 judges of the Peshawar High Court, Rs 46,166,468 from two judges of the Balochistan High Court and Rs 345,285,380 from 14 judges of the Sindh High Court.
Courtesy www.dailytimes.com.pk
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