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KARACHI, Dec 7: A division bench of the Sindh High Court issued a notice to the federal law ministry in a petition moved by a high court judge relieved in 2000 for grant of pension.
Former justice Dr Ghous Mohammad stated through Advocate Saadat Yar Khan that he was appointed an additional judge of the Sindh High Court in April 1995 and was confirmed as a judge in September 1996. He was not invited to take a fresh oath under the 1999 provisional constitution order on January 24, 2000, and ceased to hold office on the following January 26.
Under a chief executive’s order issued in March 2000, only those relieved judges who had completed five years in office were declared entitled to pension. He fell short of the requisite period by two months and 14 days. He said he was elevated to the high court from judicial service, which he joined in 1973, at a relatively early age and had a legitimate expectancy of completing his tenure and enjoying full pensionary benefits after his retirement.
The petitioner requested the court to declare him entitled to pension with effect from the date of his premature retirement in January 2000. While the ‘lawyer judges’ relieved in 2000 were allowed to resume their legal practice, he had nothing to fall back upon.
Justice Ghous served as chairman of the Sindh Judicial Academy before being appointed a one-man commission of inquiry into the October 18 explosions. The petition has been filed under Articles 2-A. 3 and 4 read with Articles 18, 24, 25 and 195 of the Constitution.
The Sindh High Court asked the petitioners challenging installation of CNG pumps in residential areas to approach the Oil and Gas Regulatory Authority and the Karachi Building Control Authority within seven days.
Disposing of five petitions, a division bench comprising Justices Munib Ahmed Khan and Rana M. Shamim noted Deputy Attorney-General Rizwan Ahmed Siddiqui’s contention that gas stations could be set up in residential areas under the OGRA rules provided there was no threat to the safety of the surrounding area and its residents. The bench said the issue agitated before it also involved the Karachi Building and Town Planning Regulations and should be taken up with the KBCA. Both authorities would decide the complaints within 30 days keeping in view the uniform policy followed in other parts of the country and the public interest.
Status quo would be maintained during consideration of the complaints by the competent authorities.
