2016 PLP 29 (GBLR)

DR. RANA MUHAMMAD SHAMIM, C.J.

This Civil Review Petition has been directed against the judgment dated 24.03.2011 in S.M.C. No. 15/2010 passed by this Apex Court in case titled Pension of Ex-Chief Judge Supreme Appellate Court reported as (2011 in GBLR 388) to examine as to whether the same was in line with the Supreme Court of Pakistan. Whereby, this court has adopted that the remuneration and terms and conditions of Judges of Supreme Court of Pakistan are governed by the Supreme Court Judges (Leave, Pension and Privileges) Order 1997, President s Order No. 2 of 1997. The above Order 1997 has been adopted with certain modifications by the Supreme Appellate Court in a full Court meeting held on 07.07.2010 vide notification of even date and the same has been incorporated in the impugned judgment with some modifications. The Registrar of this court in the instant Review Petition has submitted that the Notification dated 07.07.2010 is not in consonance with the Order 2 of 1997 and hence repugnant to Article 60(10) of Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009. The submissions of Learned Registrar of this Court are reproduced as under:- The Hon ble Retired Judges of Supreme Court of Pakistan in terms of Para-25 of President s Order 2 of 1997 are entitled to the benefit of the services of a driver and an orderly, whereas, the impugned judgment entitles the Hon ble retired judges of Supreme Appellate Court the additional facility of services of personal Assistant (BPS-15) and a Contingent employee (BPS-01) of his choice, which is not in line with the Supreme Court of Pakistan. Therefore, the following paragraph incorporated at page 11 may please be omitted to meet the ends of justice. Notwithstanding the privileges contained on P.O. No. 2 of 1997, Chief Judge and a Judge of Supreme Appellate Court Gilgit-Baltistan on completion of tenure will be authorized to engage the services of Personal Assistant BPS-15 and a contingent employee BPS-01 of his choice within the allocated budget of the court .

2. The Judges of Supreme Court of Pakistan are entitled to use a vehicle of the engine capacity of 1800 CC and another Car for use of their Families during their tenure of office is also provided to them. They can purchase only one Car of the engine capacity of 1800 CC on his retirement. Whereas, a Judge of Supreme Appellate Court, on expiry of his tenure vide corrigendum dated 12.07.2010, has been made entitled for purchase of a Car/Vehicle in his use or from pool of the court without of any engine capacity, on payment of depreciated book value, it is therefore, required that on retirement, a Judge be allowed to purchase a car of the engine capacity 1800 CC or not a jeep of the engine capacity of above 1800 CC on payment depreciated value as contained in notification dated 31.05.1991 issued by Ministry of Law, Government of Pakistan to avoid inconsistency with Article 60(10) of Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009 and the Judgment at page 10 Para 21 Note (b). It is, therefore, necessary that Para 21(b) at page 10 of the Judgment may kindly be omitted.

3. The territory of Gilgit-Baltistan is governed by the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009 and the Hon ble Chairman of Gilgit-Baltistan Council is the appointing authority of the Hon ble Chief Judge, Gilgit-Baltistan subject to consultation with the Hon ble Governor, Gilgit-Baltistan. Para 14 of the above Notification at Page 18 of the impugned judgment under the heading Authority Competent to grant leave .

4. We have perused the Para 25 of Presidential Order 2 of 1997 Part-1 preliminary which is hereby reproduced as under:- Facilities to retired Judges:

(1) A Judge on retirement, and after his death, his widow, shall be entitled to the following benefits and perquisites of Government expense, namely; (a) The services of a driver and an orderly; (b) [3000] (three thousand) free local telephone call per month; (c) [2000] units of electricity as well as ******[25 HM of Gas] per month and free supply of water; and (d) [300] liters of petrol per month. [(1a) If during Service a Judge dies or has died before the commencement of this Order, his widow shall also be entitled to the benefits and perquisites provided in sub-paragraph (1)]. (2) No income tax shall be payable in respect of benefits and perquisites to which a Judge or a widow, as the case may be, is entitled under this paragraph. (3) A Judge on retirement opting to avail the facilities specified in sub paragraph (1) shall undertake to perform the work of arbitration involving Government interest if assigned to him without charging any fee. Note: (a) a Judge may at his option engage the services of a Driver and an orderly as per his choice. (b) 3000 local calls and 2000 units of electricity is entitlement of a Judge without the condition of one or more telephone numbers and meters installed at his residence.

4. In view of the above discussions we hold as under:- i. That notwithstanding the privileges contained in P.O. No. 2 of 1997, a Chief Judge of Supreme Appellate Court Gilgit-Baltistan, on completion of tenure, will be authorized to engage the services of Personal Assistant BPS-15 and one contingent employee in BPS-01 of his choice and a Judge of Supreme Appellate Court Gilgit -Baltistan will be authorized to engage the services of one Telephone Attendant in BPS-07 of his choice. ii. Medical facilities and additional privileges. A former or a serving Judge of Supreme Appellate Court is entitled to free medical treatment in terms of Para 19 of Presidential Order No. 2 of 1997. Note: Gilgit-Baltistan is hard area and medical facilities as in the down country are not available, therefore, if medical treatment required to the Judge and his dependant family members is not available at Gilgit, he may avail the medical facility in Government hospitals or in a recognized private hospital in down country, on recommendation of authorized Medical Officer, within the allocated Budget. iii. The Chief Judges and Judges of Supreme Appellate Court, Gilgit-Baltistan are entitled to use a vehicle of the engine capacity of 1800 CC and another Vehicle is also provided for use of their Families during their tenure of office. On their retirement, they can purchase only one Car in their use of the engine capacity of 1800 CC on payment of depreciated value as contained in Notification dated 31.05.1991 issued by Ministry of Law, Government of Pakistan to avoid inconsistency with the Article 60(10) of Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009.

5. Consequent thereto, this Review Petition is partially allowed and the judgment dated 24.03.2011 in S.M.C. No. 15/2010 passed by this apex court shall stand reviewed in above terms. MWA/141/GB Order accordingly.