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

Const. Petition No.127 of 2012 27having less than five years actual service to their credit havebecome entitled for pensionary benefits, but the Chief Justice andother honourable retired judges of the Federal Shariat Court havealso become eligible and entitled for pensionary benefits despitebeing contract employees for a fixed term of three years. Hisfurther submission was that since a pragmatic and liberalapproach has been followed by the Court in the judgment underchallenge, its spirit may not be negated only on technical groundsor the fact that while interpreting the relevant provisions of theConstitution and President’s Orders, another view of the matterprejudicial to the interest of the retired judges of the High Court,was also possible. Mr. Amir Alam Khan, when confronted with thequestion that in case judgment under challenge is found to be perincuriam then what will be its legal position, candidly stated thatin that eventuality it will be a judgment liable to be ignored for allintent and purposes, thus, the ground urged by him forchallenging the maintainability of these proceedings will not be anobstacle for the Court from adjudicating the case on merits.19. Learned ASC also made reference to paragraph 178 of thejudgment in the case of Sindh High Court Bar Association (supra)in support of his arguments that the judgment under challengehas been already protected by application of doctrine of de factoexercise of jurisdiction, and as such judgment has been passed bya 14 members Bench of the apex Court, therefore, such protectioncannot be taken away by a five member Bench for denying itsbenefit to the retired judges of the High Court. Dilating upon themoral side of these proceedings, learned ASC also argued that allthe honourable retired judges of the High Court, irrespective oftheir length of service, are highly respected segment of society, who