Supreme Court orders equal pensions for all HC judges, ending disparity

Applying the principle of ‘one rank, one pension’, the Supreme Court of India on Monday ordered that all retired High Court judges are entitled to receive full and equal pensions regardless of their source of entry and the date of appointment. The court highlighted that this is essential in ensuring equality while avoiding disparity in pensions. 

 

“The dignity of the constitutional office demands that all judges be paid the same pension. Once a judge enters constitutional office, the source of entry loses relevance,” the court observed, as quoted by legal news website Law Trend. 

 

The judgement was passed by the three-judge bench of Chief Justice of India BR Gavai, Justice AG Masih and Justice K Vinod Chandran. The top court was hearing a suo motu case related to judicial retirement benefits, along with writ petitions submitted by several retired judges. 

 

“Where equal treatment is given during service, any discrimination after retirement in terminal benefits would offend Article 14 of the Constitution,” the bench said.

 

Unified payment structure

• Retired Chief Justices of High Courts will receive an annual pension of ₹15 lakh.
• Retired High Court Judges, including former Additional Judges, are entitled to an annual pension of ₹13.5 lakh.
• The Court directed that the “one rank, one pension” principle be applied uniformly, regardless of whether a judge entered the judiciary from the Bar or through judicial service, or the length of service in either stream.
• For judges elevated from the district judiciary, any gap in service between the two appointments shall not affect their entitlement to full pension.
• Judges who began their careers in the district judiciary under the New Pension Scheme (NPS) and were later elevated to the High Court are also eligible for full pension. In such cases, the entire NPS contribution, along with accrued dividends, must be refunded by the respective state governments.
• Family pensions must be extended to the legal heirs of High Court judges who died in harness, regardless of whether they held permanent or additional positions.

The Supreme Court observed that the conclusion was reached after examining Article 221 of the Constitution and the High Court Judges (Salaries and Conditions of Service) Act, 1954. The Court underscored the significance of ensuring equal treatment in its order.