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19 May 2025, 05:32 AM
In a significant judgment, the Supreme Court on Monday (May 19) held that all retired judges are entitled to full and equal pension, regardless of their date of retirement and source of entry, following the principle of "one rank one pension."
The Court held that there cannot be discrimination in the pension of High Court judges based on when they entered service and whether they are appointed from judicial service or from the bar.
"We hold that all the retired judges of the High Court, irrespective of the date on which they were appointed, will be entitled to receive full pension," the Court held.
A bench comprising Chief Justice of India BR Gavai, Justice AG Masih and Justice K Vinod Chandran passed the following directions.
1. The Union of India shall pay full pension of Rs 15 lakh per annum to a retired Chief Justice of the High Court.
2. The Union of India shall pay full pension of Rs 13.50 lakh per annum to a retired High Court Judge other than a retired Chief Justice of the High Court. A retired High Court Judge shall also include a person who retired as an Additional Judge.
3. The Union of India shall follow the principle of "one rank one pension" for the retired judges of the High Court, irrespective of their source of entry, that is district judiciary or the bar, and irrespective of the number of years they have served either as a district judge or a High Court judge, and all of them shall be paid full pension.
4. In the case of a retired judge of a High Court, who has previously served as a District Judge, the Union of India shall pay full pension, irrespective of any break in service, between the date on which he/she retired as a judge of the District Judiciary and the date on which he/she assumed charge as a judge of the High Court.
5. In the case of a retired judge of a High Court, who has previously served as a District Judge and who entered into the district judiciary after the coming into force of the Contributory Pension Scheme or the new pension scheme, the Union of India shall pay the full pension. In so far as their contribution to the NPS, we direct the States to refund the entire amount contributed by such of the retired judges of the High Court, along with the dividend if any accrued thereon. However, the contributions made by the State Governments shall be retained by the respective States along with the dividend, if any, accrued thereon;
6. The Union of India shall pay family pension to the widow or family members of a judge of the High Court who died in harness, irrespective of whether such a judge was a permanent judge or an additional judge of the High Court.
7.The Union of India shall pay gratuity to the widow or family members of a judge of the High Court who died in harness, by adding career period for the period of service undergone of the said judge, irrespective of the minimum qualifying period of service, has been completed or not.
8. The Union of India shall pay all allowances to the judge of a High Court in accordance with the provisions of the High Court Judges (Salaries and Conditions of Service) Act 1954 and the same shall include leave encashment, commutation of pension, provident fund.
The bench passed the directions in a suo motu case taken on the issue of retiral benefits of judges. Certain writ petitions filed by former High Court judges were also considered.
CJI BR Gavai, who pronounced the judgment, said that the bench has examined Article 221 and the provisions of the High Court Judges (Salaries and Conditions of Service) Act 1954.
"There cannot be any discrimination in the matter of payment of pension to retired judges on any basis. For the independence of the judiciary, it is necessary that even after retirement, they get the same terminal benefits. There cannot be any discrimination on the ground of the source of entry of a High Court judge for the reason that once a judge enters the constitutional office, then the dignity of the constitutional office demands that all judges be paid the same pension. We therefore held that all retired judges of the High Court are entitled to receive the full pension," CJI Gavai pronounced.
The judgment further held that pension cannot be reduced on the ground of break in service between the date of retirement as a district judge and the date of appointment as a High Court judge.
On the issue whether the judges are entitled to different pension based on their entry in the district judiciary after the coming into force of the New Pension Scheme, the Court observed :
"Where an equal treatment is given to all the judges of the High Court when they are in service, any discrimination among them on any ground after their retirement for terminal benefits would be violative of Article 14 of the Constitution of India. We have therefore held that all the retired judges of the High Court, irrespective of the date on which they are appointed, are entitled to receive full pension."
Retired additional judges also entitled to same pension
The Court further held that there cannot be any discrimination between a permanent judge or an additional judge. "Even in the case of a High Court judge, who retired as an additional judge, would be entitled to receive the full pension," the Court held. Widows, widowers or family members of additional judges are entitled to family pension.
Case: IN RE REFIXATION OF PENSION CONSIDERING SERVICE PERIOD IN DISTRICT JUDICIARY AND HIGH COURT SMW(C) No. 4/2024, and connected cases.
Citation : 2025 LiveLaw (SC) 595