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

Const. Petition No.127 of 2012 31minimum period of service as a judge of the Supreme Court isprescribed in the first part of the Schedule relating to right topension while the condition of minimum five years service forentitlement of pensionary benefits has been discriminately madeapplicable for the retired judges of the High Court. Learned ASC,during his arguments, also made reference to the case of I.ASharwani (supra), to lay stress to his arguments upon the right ofpension to a retired civil servant.22. In addition to the above, in his written submissions,learned ASC further reiterated as under:-a. Notice issued to the retired judges represented by him isnot only uncharitable from its language, but also basedon wrong premise.b. Pensionary benefits paid to the retired judges on the basisof judgment under challenge is past and closedtransaction and stare decisis, thus, no order for itsrecovery can be made even if the said judgment isreviewed and put at naught.c. Though the principle of stare decisis has very limitedapplication to the proceedings before the Supreme Court,being apex Court, but the rights and obligationsdetermined under any proceedings shall be considered asa past and closed transaction, which has created vestedrights under the judicial pronouncement in favour ofsome party.d. Suo moto exercise of jurisdiction in the presentproceedings in any form are not maintainable under thelaw as held in the cases of Asif Saeed v. Registrar Lahore(PLD 1999 Lahore 350), Nusrat Elahi v. Registrar, Lahore