Judges' pensions as low as Rs 10,000: SC calls situation 'pitiable'

The Supreme Court had earlier ruled that pensionary benefits must be calculated based on the past drawn salary as a High Court judge, ensuring parity across the judiciary

The Supreme Court on Wednesday expressed dissatisfaction over the pensions received by some retired high court judges, describing the situation as “pitiable”. A bench comprising Justices B R Gavai and K V Viswanathan observed that some judges were receiving pensions as low as Rs 10,000 to Rs 15,000.

 

“You cannot have a legal approach in every matter. Sometimes, you need to have a humane approach,” the bench remarked while addressing the matter.

 

In a separate hearing earlier this year, the Supreme Court had also emphasised that pensions for retired High Court judges should not vary based on whether they were elevated from the bar or the district judiciary. The court ruled that pensionary benefits must be calculated based on the last drawn salary as a High Court judge, ensuring parity across the judiciary.

 

Govt promises resolution

Attorney General R Venkataramani, representing the central government, mentioned the matter before the bench and requested that it be scheduled for hearing in January. The bench agreed and set the next hearing for January 8, with Venkataramani assuring the court that the government would work towards resolving the issue.

 

“It is better you persuade them that our intervention should be avoided,” the bench advised, indicating a preference for administrative resolution over judicial intervention. The court also clarified that any decision it might issue would apply uniformly to all retired high court judges, not on a case-by-case basis.

 

Earlier observations on pension

This is not the first time the top court has expressed concern over the inadequate pensions of retired judges. During a hearing in November, the court had termed it “shocking” that some retired judges were receiving pensions as low as Rs 6,000 to Rs 15,000.

 

One petitioner, a retired judge of the Allahabad High Court, revealed he was receiving Rs 15,000 as his pension. He contended that his prior judicial service in the district court, spanning 13 years, had not been considered when calculating his pension.

 

[With PTI inputs]