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

Const. Petition No.127 of 2012 53. Leave is granted to examine the followingquestions. Firstly, whether for claim of respondentNo.1 for extra/maximum pension writ petition beforethe High Court was competent to and maintainable.Secondly, whether P.O.9/70 is to be read inconjunction with P.O.2/93, P.O.3/95 and Article 205read with Fifth Schedule to the Constitution, if yes,what will be its effect on the claim of respondent.Thirdly, whether the President can only increase ordecrease the amount of pension with altering theterms and conditions as contemplated under Article205 read with the Fifth Schedule to the Constitution.Fourthly, whether respondent No.1 is entitled to theminimum and maximum amount of the pension ascontemplated under P.O.2/93."3. Pending disposal of the Appeal, a number ofother retired Judges of the High Courts, who were notallowed pension on the ground that they having beennot put minimum service of five years in terms ofparagraph 3 of Fifth Schedule to the Constitution werenot entitled to the grant of pension, moved a jointrepresentation to the President of Pakistan, through theMinistry of Law, Justice and Human Rights,Government of Pakistan and having received no reply,filed direct petitions before this Court under Article184(3) of the Constitution, whereas, some of the retiredJudges filed miscellaneous applications to be impleadedas party in the proceedings before this Court.Constitution Petition No.40 of 2002 filed by Mr. Justice(Retd) S.A. Manan was disposed of as withdrawn, but inview of the nature of right claimed in these petitions,this withdrawal was inconsequential to the right ofpension of the judges. The appellant in the main appealand the petitioners in the other constitution petitionssought declaration, as under:a. The provision of President's Order No.3 of1997 was in derogation to Article 205 of theConstitution read with Fifth Schedule of theConstitution wherein the right of pension ofonly those Judges who have put minimum fiveyears of service as Judge of the High Court,was recognized.b. The retired Judges of the High Court,irrespective of their length of service wereentitled to the grant of pension, as per theirentitlement under Article 205 read withparagraph 2 of the Fifth Schedule of theConstitution.4. On 06.3.2008, the Civil Appeal No. 1021 of1995 and the connected constitution petitions involving