Law:

Section:

(a) Constitution of Pakistan--- ----Art.182---Ad hoc judge of Supreme Court---Powers---With respect to performance of functions and exercise of authority, no distinction can be drawn between an ad hoc judge and a permanent judge of the Supreme Court. Air Marshal (Retd.) Muhammad Asghar Khan v. General (Retd.) Mirza Aslam Baig, Former Chief of Army Staff and others PLD 2013 SC 1 rel. (b) High Court Judges (Leave, Pension and Privileges) Order (3 of 1997)--- ----Para. 15---Constitution of Pakistan, Arts.182 & 199---Constitutional petition---Pension benefits---Petitioner claimed that his service as ad hoc judge of Supreme Court was not included in total service for computing his pensionary benefits---Validity---Petitioner who rendered service as ad hoc judge of Supreme Court had been discharging functions and duties in service of Pakistan---Such service qualified under the terms of paragraph 15 of High Court Judges (Leave, Pension and Privileges) Order, 1997, for accretion of petitioner's pensionary benefits---One year's service, under paragraph 15 of High Court Judges (Leave, Pension and Privileges) Order, 1997, could be translated to an accretion in pension of petitioner to the extent of 2% of his salary as determined by the President---Eligibility to claim accretion occurred upon completion of such period of service in Pakistan by petitioner on the date till when he served as ad hoc judge of Supreme Court and pension amount payable to petitioner must have included such accretion---High Court declared order passed by authorities, refusing to include period of service in Supreme Court, as illegal---High Court directed Federal Government to pay petitioner pension including therein accretion of 2% of his determined salary---Petition was allowed in circumstances. Air Marshal (Retd.) Muhammad Asghar Khan v. General (Retd.) Mirza Aslam Baig, Former Chief of Army Staff and others PLD 2013 SC 1 and Syeda Abida Hussain v. Tribunal for N.A.69, Jhang-IV and 2 others PLD 1994 SC 60 ref. JUDGMENT UMAR ATA BANDIAL C.J.--The petitioner was appointed Judge of the Lahore High Court on 4-8-1994. Whilst holding the said office, he was appointed on 6-9-2002 as an ad hoc Judge…

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