Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 205, 203 C, 260, 195, 175(3), 25 & Fifth Schedule, Paras. 2 & 3---Pension of Judges of Superior Courts Order, 1993 [President's Order 2 of 1993], Art. 2---High Court Judges (Leave, Pension and Privileges) Order, 1997 [President's Order 3 of 1997], Art.14---High Court Judges (Pensionary Benefits) Order, 2007 [President's Order 8 of 2007], Art.4---Retirement of Judges of the High Courts and Chief Justice and Judges of the Federal Shariat Court---Grant of pension and other pensionary benefits---Entitlement---Scope---Held, all retired Judges of the High Courts who retired as such Judge in terms of Art.195 of the Constitution and the Chief Justices and Judges of the Federal Shariat Court, notwithstanding the tenure appointment, are entitled to the pension and pensionary benefits in terms of Art.205 read with Fifth Schedule of the Constitution, read with High Court Judges (Pensionary Benefits) Order, 2007 [Presidential Order No.8 of 2007] and Art.203 of the Constitution and all other enabling provisions of the Constitution as well as Pension of Judges of Superior Courts Order, 1993 [Presidential Order No.2 of 1993] and High Court Judges (Leave, Pension and Privileges) Order, 1997 [Presidential Order No.3 of 1997] irrespective of their date of retirement and length of service---All other retired Judges of the High Courts, who are not party in the present proceedings, are entitled to get pension and pensionary benefits with other privileges admissible to them in terms of Art.205 of the Constitution read with High Court Judges (Pensionary Benefits) Order, 2007 [Presidential Order No.8 of 2007] and Art.203-C of the Constitution read with paras.2 & 3 of Fifth Schedule and Pension of Judges of Superior Courts Order, 1993 [Presidential Order No.2 of 1993] and High Court Judges (Leave, Pension and Privileges) Order, 1997 [Presidential Order No.3 of 1997] from the date of their respective retirement, irrespective of their length of service as such Judges---Principles. Tikka Iqbal Muhammad Khan and others v. General Pervez Musharraf PLD 2008 SC 178; I.A. Sherwani v. Government of Pakistan 1991 SCMR 1041; Al-Jehad…

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