Mr. Justice Anwar Zaheer Jamali Mr. Justice Mian Saqib Nisar M

Const. Petition No.127 of 2012 15arguments on legal footing, Mr. Malik, frankly stated that none ofthe retired judge of the High Court represented by him hasrendered actual service as such for a period of five years, but lessthan five years. In the context of entitlement of pensionarybenefits, he gave brief history of constitutional legislation andother provisions of law including the President’s Orderspromulgated/ issued in the sub-continent before and after theindependence of Pakistan from time to time and reiterated thatparagraph-2 of the Fifth Schedule to Article 205 of the Constitutionof 1973 is to be read independently; it covers the right of “everyjudge” of the High Court for the purpose of pensionary benefit to bedetermined by the President, therefore, irrespective of the factwhether no such determination has yet been made by thePresident for the category of those honourable retired judges of theHigh Court, who have rendered service as such for less than fiveyears, they are entitled for the pensionary benefits. Whenconfronted with the query as to how and in what manner thequantum of such pension for these judges could be determined, ifno mode of determination in this regard is available before us inany form, he candidly stated that as yet no such determination hasbeen made by the President even once, nor this matter was earlieragitated by any of the honourable retired judge of the High Court,who had rendered less than five years of service in the said office,since the promulgation of the Constitution of 1973 or even beforethat under the Constitution of 1956 or 1962 etc. The pith andsubstance of his submissions was that “every judge” as mentionedin paragraph-2 of the Fifth Schedule to Article 205, has its ownconnotation and significance which makes it abundantly clear thatthey all are entitled for pensionary benefits, but only the questionof determination of quantum of pension is left with the President in