Fifth Schedule: 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.  791[9,900] 791 per mensem, and to every other Judge of the Supreme Court a salary of Rs.  792[9,500] 792 per mensem  793[or such higher salary as the President may, from time to time, determine] 793.
 
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.
 
 794[
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, form time to time, raise the minimum or maximum amount of pension so specified :-
Judge Minimum Amount Maximum Amount
Chief Justice Rs. 7,000 Rs. 8,000
Other Judge Rs. 6,250 Rs. 7,125
 
] 794
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 percent 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  795[9,400] 795 per mensem and to every other Judge of a High Court a salary of Rs.  796[8,400] 796 per mensem  797[or such higher salary as the President may, from time to time, determine] 797.
 
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.
 
 798[
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 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
Chief Justice Rs. 5,640 Rs. 7,050
Other Judge Rs. 5,040 Rs. 6,300
 
] 798
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 retirementÐ 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.
 

Notes

791   Substituted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(1)(a)(i) (with effect from July 28, 1991) for "7,900".
792   Substituted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(1)(a)(i) (with effect from July 28, 1991) for "7,400".
793   Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(1)(a)(ii) (with effect from July 28, 1991).
794   Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(1)(b) (with effect from July 28, 1991).
795   Substituted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(2)(a)(i) (with effect from July 28, 1991) for "7,200".
796   Substituted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(2)(a)(ii) (with effect from July 28, 1991) for "6,500".
797   Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(2)(b)(ii) (with effect from July 28, 1991).
798   Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 3(2)(b) (with effect from July 28, 1991).