Thus the ministry seems to have opened a Pandora’s box by saying that the judges of the Federal Shariat Court are not entitled to pension and other such benefits.The AGPR is in a state of shock as several retired judges of the FSC have been drawing pension for years but now it has been revealed that these judges are not entitled to it.
The authorities in the AGPR are now collecting the information about all such retired judges to get their pensions suspended till certain questions raised by the law ministry’s advice are clarified.The sources said that the decision had been taken in the AGPR to suspend the pension of the incumbent CJ FSC and all those retired judges of the FSC who are currently drawing pensions.
Since such retired judges are being paid pensions from different regional offices of the AGPR, therefore, it has been decided to collect the details about all these judges first and then approach the National Bank of Pakistan to stop processing these pensions.
The AGPR had referred the case of Chief Justice of Federal Shariat Court Agha Rafiq Ahmad Khan, who was drawing salary as well as pension for the post that he is still holding.Responding to the AGPR’s query, the law ministry said that the judges of the FSC, including its chief justice, are contract employees and therefore not entitled to post-retirement benefits.
“It is clarified that since the appointment of the chief justices and that of judges of Federal Shariat Court have a fixed term or terms these are contract appointments and contractual appointments do not confer continuity in service which is the basis of retirement and post-retirement benefits, therefore, the aforesaid judges are not entitled to post-retirement benefits, including pension,” the law ministry had told the AGPR.
The issue for the AGPR, Islamabad, was whether under the law it was possible for the incumbent Chief Justice Federal Shariat Court Justice Agha Rafiq Ahmad Khan to draw both pension and salary of the office of the FSC CJ at the same time.
Justice Agha’s “pension payment order” shows him retiring as the FSC Chief Justice on June 4, 2011, when he had actually completed his two-year tenure, which was extended for another three years ending in June this year. However, he never took a fresh oath.
Regarding the CJ FSC’s pension, the law ministry had referred to the clause (4) of Article 230C of the Constitution which says that the Chief Justice and a Judge shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the President may determine.
“This provision abundantly manifests that the appointment of the chief justice and a judge of Federal Shariat Court is of contractual nature and is not regular appointment leading to retirement because in case of judges of the apex court Article 179 of the Constitution and in respect of judge of high court Article 195 of the Constitution provide for retirement of judges but no such provision exists in the Constitution regarding the retirement of the chief justice and the judge of the Federal Shariat Court,” the law ministry’s advice had conveyed to the AGPR.
The AGPR had sought advice in the CJ FSC’s case only but the law ministry’s advice has now engulfed all the retired judges of the Federal Shariat Court.
The AGPR is puzzled that the retired judges of the Federal Shariat Court have been given pension following the notifications issued by the law ministry, which has now come up with the explanation that the judges of the FSC are contractual appointees and, therefore, not entitled to pensionary benefits.
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