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5thSchedule Remuneration and terms and conditions of service of Judges

FIFTH SCHEDULE

[Article 205]

Remuneration and Terms and Conditions
of Service of Judges.

THE SUPREME COURT

1. There shall be paid to the Chief Justice of Pakistan a salary of Rs. 1[9,900] per mensem, and to every other Judge of the Supreme Court a salary of Rs. 2[9,500] per mensem 3[, or such higher Salary as the President may, from time to time determine.]

2. Every Judge of the Supreme Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the Supreme Court of Pakistan were entitled.

4[3. The pension payable to a retired Judge of the Supreme Court per mensem shall not be less or more than the amount specified in the table below, depending on the length of his service as Judge in that Court or a High Court:

Provided that the President may, from time to time, raise the minimum or maximum amount of pension so specified:-

Judge
Minimum amount
Maximum amount
5[Chief Justice
Rs. 7,000
Rs. 8,000]
6[Other Judge
Rs. 6,250
Rs. 7,125]

7[4. The widow of a Judge of the Supreme Court shall be entitled to a pension at the following rates, namely:-

(a) if the Judge dies after retirement – 50 per cent of the net pension payable to him; or

(b) if the Judge dies after having rendered not less than three year’s service as Judge and while still serving as such – 50 per cent of the pension admissible to him at the minimum rate.

5. The pension shall be payable to the widow for life or, if she remarries, until her marriage.

6. If the widow dies, the pension shall be payable:-

(a) to the sons of the Judge who are less than twenty-one years of age, until they attain that age; and

(b) to the unmarried daughters of the Judge who are less than twenty-one years of age, until they attain that age or are married, whichever first occurs.]

THE HIGH COURT

1. There shall be paid to the Chief Justice of a High Court a salary of Rs. 8[9,400] per mensem, and to every other Judge of a High Court a salary of Rs. 9[8,400] per mensem 10[,or such higher salary as the President may, from time to time, determine.]

2. Every Judge of a High Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights, to which, immediately before the commencing day, the Judges of the High Court were entitled.

11[3. The Pension payable per mensem to a Judge of a High Court who retires after having put in not less than five years service as such Judge shall not be less or more than the amount specified in the table below, depending on the length of his service as Judge and total service, if any, in the service of Pakistan:

Provided that the President may, from time to time, raise the minimum or maximum amount of pension so specified:-

Judge
Minimum amount
Maximum amount
5[Chief Justice
Rs. 5,640
Rs. 7,050
6[Other Judge
Rs. 5,040
Rs. 6,300]

14[4. The widow of a Judge of the High Court shall be entitled to a pension at the following rates, namely:-

(a) if the Judge dies after retirement – 50 per cent of the net pension payable to him; or

(b) if the Judge dies after having rendered not less than five years’ service as Judge and while still serving as such – 50 per cent of the pension admissible to him at the minimum rate.

5. The pension shall be payable to the widow for life, or, if she remarries until her marriage.

6. If the widow dies, the pension shall be payable:-

(a) to the sons of the Judge who are less than twenty-one years of age, until they attain that age; and

(b) to the unmarried daughters of the Judge who are less than twenty-one years of age, until they attain that age or are married, whichever first occurs.]

_____________________________________________________

Footnotes:

1. Section 3(1)(a)(i) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), substituted the said salary, (w.e.f. July 27, 1991), in place of the salary of Rs. 7,900 fixed by Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, (w.e.f. July 1, 1983).

The salary of the Chief Justice of Pakistan has been progressively increased from Rs. 5500 fixed in 1973. Section 2(a) of the Constitution (Fourth Amendment) Order 1981 P.O. No. 13 of 1981, first increased the salary to Rs. 6500 (w.e.f. July 1, 1981). Section 2(a)(1) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, further increased the salary to Rs. 7900 (w.e.f. July 1, 1983). Thereafter section 3(1)(a)(i) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), increased the salary to Rs. 9900 (w.e.f. July 27, 1991). Art. 2 of the Salary of Judges of Superior Court Order, 1991 P.O. No. 9 of 1991 again increased the salary to Rs. 15000/-, (w.e.f. June 1, 1991). Art. 2 of the Salary of Judges of Superior Court Order, 1994 P.O. No. 1 of 1994 further increased the salary to Rs. 20250/-, (w.e.f. June 1, 1994). Whereas Art. 2 of the Salary of Judges of Superior Court Order, 1995 P.O. No. 4 of 1995 increased the salary of every other Judge of the Supreme Court, (w.e.f. June 1, 1995), the salary of the Chief Justice of the Supreme Court was not increased by the said Order. P.O. No. 1 of 1998, further increased the salary to Rs. 43,000/-, (w.e.f October 3, 1998). Finally Art. 2(1) of the Salary of Judges of Superior Courts Order, 2002, (C.E.O. No. 2 of 2002), increased the salary of the Chief Justice of Pakistan to Rs. 55,000/- (w.e.f. December 1, 2001).

2. Section 3(1)(a)(i) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), substituted the said salary, (w.e.f. July 27, 1991), in place of the salary of Rs. 7,400 fixed by Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, (w.e.f. July 1, 1983).

The salary of a Judge of the Supreme Court has been progressively increased from Rs. 5100 fixed in 1973. Section 2(a) of the Constitution (Fourth Amendment) Order, 1981, P.O. No. 13 of 1981, first increased the salary to Rs. 6000 (w.e.f. July 1, 1981). Section 2(a)(1) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, further increased the salary to Rs. 7400 (w.e.f. July 1, 1983). Thereafter section 3(1)(a)(i) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), increased the salary to Rs. 9500 (w.e.f. July 27, 1991). Art. 2 of the Salary of Judges of Superior Court Order, 1991 P.O. No. 9 of 1991 again increased the salary to Rs. 14,200/-, (w.e.f. June 1, 1991). Art. 2 of the Salary of Judges of Superior Court Order, 1994 P.O. No. 1 of 1994 further increased the salary to Rs. 18000/-, (w.e.f. June 1, 1994). Thereafter Art. 2 of the Salary of Judges of Superior Court Order, 1995 P.O. No. 4 of 1995 increased the salary to Rs. 19170/-, (w.e.f. June 1, 1995). P.O. No. 1 of 1998, further increased the salary to Rs. 40,000/-, (w.e.f. October 3, 1998). Finally Art. 2(1) of the Salary of Judges of Superior Courts Order, 2002, (C.E.O. No. 2 of 2002), increased the salary of the Judge of Supreme Court to Rs. 52,000/-, (w.e.f. December 1, 2001).

3. Section 3 (1)(a)(ii) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), added the said commas and words after the words “per mensem” at the end of paragraph 1 of the part relating to the Supreme Court in the Fifth Schedule (w.e.f. July 27, 1991).

4. Section 3(1)(b) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), substituted paragraph 3 relating to the Supreme Court in the Fifth Schedule, in its present form , (w.e.f. July 27, 1991) in place of the paragraph 3 as adopted in 1973 that read:
“3. The pension payable to a retired Judge of the Supreme Court shall not be less than Rs. 3,600 per mensem or more than Rs. 4,600 per mensem, depending on the length of his service as Judge in that Court or a High Court.
Provided that pension payable to a Judge of Supreme Court shall not be less favourable than that payable to him as such Judge, immediately before the commencing day.”

5. Section 3(1)(b) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), substituted the said minimum and maximum amount of pension (w.e.f. July 27, 1991), in place of the level of a minimum of Rs. 3,600 (min.) and maximum of Rs. 4,600 fixed by Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, (w.e.f. July 1, 1983).

The minimum and maximum amounts of pension of the Chief Justice of Pakistan have been progressively increased from Rs. 1500 (min.) – Rs. 1950 (max.) fixed in 1973. Section 2(a) of the Constitution (Amendment) Order, 1983, P.O. No. 4 of 1983, first increased the said amounts to Rs. 3000 (min.) – Rs 4000 (max.), (w.e.f. July 1, 1981). Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, further increased the said amounts to Rs. 3600 (min.) – Rs. 4600 (max.) (w.e.f. July 1, 1983). Thereafter Section 3(1)(b) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), increased the said amounts to Rs. 7,000 (min.) – Rs. 8,000 (max.). (w.e.f. July 27, 1991). Art. 2(1) of the Pension of Judges of Superior Courts Order, 1993, P.O. No. 2 of 1993, further increased the amounts to minimum of Rs. 11,393/- and a maximum of Rs. 13,202/- (w.e.f. July 27, 1991). And Art. 2(1) of the Pension of Judges of Superior Courts Order, 1995 P.O. No. 3 of 1995, increased the amounts to minimum of Rs. 14,609/- and maximum of Rs. 16,695/-, (w.e.f. June 1, 1995).

6. Section 3(1)(b) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), substituted the said minimum and maximum amount of pension, (w.e.f. July 27, 1991), in place of the level of a minimum of Rs. 3,600 and maximum of Rs. 4,600, fixed by Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, (w.e.f. July 1, 1983).

The minimum and maximum amounts of pension of a Judge of the Supreme Court have been progressively increased from Rs. 1500 (min.) – Rs. 1950 (max.) fixed in 1973. Section 2(a) of the Constitution (Amendment) Order, 1983, P.O. No. 4 of 1983, first increased the said amounts to Rs. 3000 (min.) – Rs 4000 (max.), (w.e.f. July 1, 1981). Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, further increased the said amounts to Rs. 3600 (min.) – Rs. 4600 (max.) (w.e.f. July 1, 1983). Thereafter Section 3(1)(b) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), increased the said amounts to Rs. 6,250 (min.) – Rs. 7,125 (max.). (w.e.f. July 27, 1991). Art. 2(1) of the Pension of Judges of Superior Courts Order, 1993, P.O. No. 2 of 1993, further increased the amounts to minimum of Rs. 10,869/- and a maximum of Rs. 12,390/- (w.e.f. July 27, 1991). And Art. 2(1) of the Pension of Judges of Superior Courts Order, 1995 P.O. No. 3 of 1995, increased the amounts to minimum of Rs. 13,203/- and maximum of Rs. 15,050/-, (w.e.f. June 1, 1995).

7. Section 2(a)(ii) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, added paragraph 4,5 and 6 to the part relating to the Supreme Court in the Fifth Schedule. The said paragraphs shall be deemed to have been added (w.e.f. July 1, 1981).

8. Section 3(1)(a)(i) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), substituted the said salary, (w.e.f. July 27, 1991), in place of the salary of Rs. 7,200 fixed by Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, (w.e.f. July 1, 1983).

The salary of the Chief Justice of a High Courts has been progressively increased from Rs. 5000 fixed in 1973. Section 2(B) of the Constitution (Fourth Amendment) Order, 1981, P.O. No. 13 of 1981, first increased the salary to Rs. 5800 (w.e.f. July 1, 1981). Section 2(b)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, further increased the salary to Rs. 7200 (w.e.f. July 1, 1983). Thereafter section 3(2)(a)(i) of the (Twelfth Amendment) Act, 1991, (14 of 1991), increased the salary to Rs. 9400, (w.e.f. July 27, 1991). Art. 2 of the Salary of Judges of Superior Court Order, 1991 P.O. No. 9 of 1991 again increased the salary to Rs. 14,000/-, (w.e.f. June 1, 1991). Art. 2 of the Salary of Judges of Superior Court Order, 1994 P.O. No. 1 of 1994 further increased the salary to Rs. 17000/-, (w.e.f. June 1, 1994). Thereafter Art. 2 of the Salary of Judges of Superior Court Order, 1995 P.O. No. 4 of 1995 increased the salary to Rs. 18900/-, (w.e.f. June 1, 1995). P.O. No. 1 of 1998, further increased the salary to Rs. 39,000/-, (w.e.f. October 3, 1998). Finally Art. 2(2) of the Salary of Judges of Superior Courts Order, 2002, (C.E.O. No. 2 of 2002), increased the salary of the Chief Justice of a High Court to Rs. 51,000/-, (w.e.f. December 1, 2001).

9. Section 3(1)(a)(i) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), substituted the said salary, (w.e.f. July 27, 1991), in place of the salary of Rs. 6,500 fixed by Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, (w.e.f. July 1, 1983).

The salary of every other Judge of a High Court has been progressively increased from Rs. 4000 fixed in 1973. Section 2(b) of the Constitution (Fourth Amendment) Order, 1981, P.O. No. 13 of 1981, first increased the salary to Rs. 5000 (w.e.f. July 1, 1981). Section 2(b)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, further increased the salary to Rs. 6500 (w.e.f. July 1, 1983). Thereafter section 3(2)(a)(i) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), increased the salary to Rs. 8400, (w.e.f. July 27, 1991). Art. 2 of the Salary of Judges of Superior Court Order, 1991 P.O. No. 9 of 1991 again increased the salary to Rs. 12,575/-, (w.e.f. June 1, 1991). Art. 2 of the Salary of Judges of Superior Court Order, 1994 P.O. No. 1 of 1994
further increased the salary to Rs. 15500/-, (w.e.f. June 1, 1994). Thereafter Art. 2 of the Salary of Judges of Superior Court Order, 1995 P.O. No. 4 of 1995 increased the salary to Rs. 16976/-, (w.e.f. June 1, 1995). P.O. No. 1 of 1998, further increased the salary to Rs. 38,000/-, (w.e.f. October 3, 1998). Finally Art. 2(2) of the Salary of Judges of Superior Courts Order, 2002, (C.E.O. No. 2 of 2002), increased the salary of the Judge of the High Court to Rs. 49,000/-, (w.e.f. December 1, 2001).

10. Section 3 (2)(a)(ii) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), added the said commas and words after the word “per mensem” at the end of paragraph 1 of the part relating to the High Court in the Fifth Schedule, (w.e.f. July 27, 1991).

11. Section 3(2)(b) of the Constitution in (Twelfth Amendment) Act, 1991, P.O. No. 14 of 1991, substituted paragraph 3 of the part relating to the High Court, in the Fifth Schedule, in its present form, (w.e.f. July 27, 1991), in place of the paragraph 3 as adopted in 1973, that read :
“3. The pension payable to a Judge of High Court who retires after having put in not less than five years service as Judge shall not be less than Rs. 2,400 per mensem or more than Rs. 4,200 per mensem, depending on the length of his service as Judge and total service, if any, in the service of Pakistan.”

12. Section 3(1)(b) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), substituted the said minimum and maximum amount of pension, (w.e.f. July 27, 1991), in place of the level of a minimum of Rs. 2,400 and maximum of Rs. 4,200, fixed by Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, (w.e.f. July 1, 1983).

The minimum and maximum amounts of pension of a Chief Justice of a High Court have been progressively increased from Rs. 1000 (min.) – Rs. 1750 (max.) fixed in 1973. Section 2(a) of the Constitution (Amendment) Order, 1983, P.O. No. 4 of 1983, first increased the said amounts to Rs. 2100 (min.) – Rs 3600 (max.), (w.e.f. July 1, 1981). Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, further increased the said amounts to Rs. 2400 (min.) – Rs. 4200 (max.) (w.e.f. July 1, 1983). Thereafter Section 3(1)(b) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), increased the said amounts to Rs. 5,640 (min.) – Rs. 7,050 (max.). (w.e.f. July 27, 1991). Art. 2(2) of the Pension of Judges of Superior Courts Order, 1993 P.O. No. 2 of 1993, further increased the amounts to minimum of Rs. 9,800/- and a maximum of Rs. 12,250/-, (w.e.f. July 27, 1991). And Art. 2(2) of the Pension of Judges of Superior Courts Order, 1995 P.O. No. 3 of 1995 increased the amounts to minimum of Rs. 11,480 and a maximum of Rs. 14,350/-, (w.e.f. June 1, 1994).

13. Section 3(1)(b) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), substituted the said minimum and maximum amount of pension, (w.e.f. July 27, 1991), in place of the level of a minimum of Rs. 2,400 and maximum of Rs. 4,200, fixed by Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, (w.e.f. July 1, 1983).

The minimum and maximum amounts of pension of a Judge of a High Court have been progressively increased from Rs. 1000 (min.) – Rs. 1750 (max.) fixed in 1973. Section 2(a) of the Constitution (Amendment) Order, 1983, P.O. No. 4 of 1983, first increased the said amounts to Rs. 2100 (min.) – Rs 3600 (max.), (w.e.f. July 1, 1981). Section 2(a)(i) of the Constitution (Amendment) Order, 1985, P.O. No. 6 of 1985, further increased the said amounts to Rs. 2400 (min.) – Rs. 4200 (max.) (w.e.f. July 1, 1983). Thereafter Section 3(1)(b) of the Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), increased the said amounts to Rs. 5,040 (min.) – Rs. 6,300 (max.). (w.e.f. July 27, 1991). Art. 2(2) of the Pension of Judges of Superior Courts Order, 1993 P.O. No. 2 of 1993, further increased the amounts to minimum of Rs. 8,722/- and a maximum of Rs. 10,902/-, (w.e.f. July 27, 1991). And Art. 2(2) of the Pension of Judges of Superior Courts Order, 1995 P.O. No. 3 of 1995 increased the amounts to minimum of Rs. 10,361 and a maximum of Rs. 12,950/-, (w.e.f. June 1, 1994).

14. Section 2(a)(ii) of the Constitution (Amendment) Order 1985, P.O. No. 6 of 1985, added paragraphs 4,5 and 6 to the part relating to the High Court in the Fifth Schedule. The said paragraph shall be deemed to have been added (w.e.f. July 1, 1981).


Comparative Table of 5th Schedule of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
2nd Schedule
Constitution of Pakistan 1956 :
3rd Schedule
Constitution of India 1950:
2nd Schedule
Government of India Act 1935:

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Leading & Latest Cases on 5th Schedule of the Constitution of Pakistan, 1973:

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