04 January 2005	Tuesday	22 Ziqa'ad 1425

ISLAMABAD, Jan 3: The Supreme Court on Monday decided to reconstitute a bench to hear cases of retired high court judges seeking pension and other benefits after reaching the age of super annuation without completing five years on the post.

The cases were placed on Monday before a bench consisting of Justice Iftikhar Mohammad Chaudhry, Justice Rana Bhagwandas and Justice Shakirullah Jan. It was earlier being heard by a bench which included Justice Hamid Ali Mirza instead of Justice Jan. The court decided to adjourn the matter till the next hearing, the date of which will be fixed later.

Retired judges of different high courts had approached the Supreme Court seeking a declaration that they were entitled to pension and other benefits under Article 205 of the Constitution and that the government should amend relevant rules to pay them pension and other related benefits from the dates of their retirement.

Lahore High Court judges Aqil Mirza, Abdul Hafeez Cheema, Syed Sharif Hussain Bukhari, Ghulam Sarwar, Rao Iqbal Ahmed Khan, Muneer Mughal and Ghulam Sarwar Kiani have filed the petitions, while Azam Khan of the Peshawar High Court, who was not administered oath under the Provisional Constitutional Order in 2002, has filed an application to be considered a petitioner.

Former justice Tariq Mehmood, who resigned from the Balochistan High Court after developing differences with the Musharraf government on holding of referendum, has also moved a petition in this regard.

The petitioners have pleaded that irrespective of length of service they are entitled to pension and other benefits as they have served as permanent judges of the high courts.

They also have to face certain disabilities, after retirement, like they could not practice law before the high court in which they have served under Article 207 of the constitution, they said.

The federation has taken the stance that President's Orders No.2 of 1993 and No.3 of 1997, relating to the high courts, were issued under the provisions of the Fifth Schedule read with Article 205 of the constitution and clearly stipulated a minimum length of five years of service for a judge of the high court to qualify for pension.

The provisions authorizes the president to determine privileges, allowances and pension but the Fifth Schedule places restriction on the president to reduce the length of service of a judge to qualify for pension, it contends. Any such permission would entail constitutional amendment in the Fifth Schedule as well as the president's orders, it says.