Some high court judges 'mull resignation pending pension eligibility'

• Supreme Court rules pension eligibility requires minimum five years.
• Judges consult officials about pension despite serving less time.
• Officials clarify exceptions do not apply to directly appointed judges.
  

ISLAMABAD: Some high court judges are reportedly contemplating stepping down from office but not before their service tenure meets the threshold required for a lifelong pension and post-retirement benefits for them and their families, sources told The News.

According to insiders, the judges in question are carefully watching the calendar to ensure that their resignation comes only after completing the minimum five-year service period, which, under a recent Supreme Court ruling, is necessary for a high court judge to qualify for pension and other post-retirement privileges.

The Supreme Court has previously clarified that a high court judge becomes eligible for pension and related benefits only after serving at least five years on the bench. Without completing this minimum period, a judge’s resignation would mean forfeiture of such entitlements.

Sources familiar with the development said some judges considering early retirement have consulted senior officials in the judicial administration to explore whether any precedent exists in which a judge was granted pension despite serving less than five years.

They were reportedly informed of one such case but were also told that it does not apply to their situation. The case involved a judge who had spent a long career in the district judiciary before being elevated to the high court. Owing to his cumulative service in the judicial system, he was allowed post-retirement benefits despite not completing five years on the high court bench.

“Officials made it clear that such a precedent would not cover judges directly appointed to the high court from the bar or other sources without prior judicial service,” one legal source revealed. 

The development comes amid increasing speculation about possible resignations in the superior judiciary. Such speculations started making rounds after the controversial 26th constitutional amendment. While no judge has formally tendered their resignation so far, insiders believe that a few may step down in the coming months, particularly those nearing the five-year mark.

Originally published in The News