The Supreme Court of India has ruled that all retired High Court judges are entitled to receive full and equal pension, regardless of their date of retirement, mode of appointment, or source of entry. This decision is based on the principle of "one rank one pension," ensuring parity among retired judges.
- The judgment was delivered by a bench comprising Chief Justice of India BR Gavai, Justice AG Masih, and Justice K Vinod Chandran.
- The Court emphasized that pension discrimination based on the date of appointment or the source of entry—whether from judicial service or the bar—is unconstitutional.
- "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 Supreme Court declared.
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- Full Pension for Retired Chief Justices: The Union of India (UoI) is directed to pay a full pension of ₹15 lakh per annum to retired Chief Justices of High Courts.
- Full Pension for Other Retired High Court Judges: Retired High Court Judges, other than Chief Justices, are entitled to a full pension of ₹13.50 lakh per annum. This also applies to those who retired as Additional Judges.
- Uniform Pension for All Retired Judges: Regardless of the source of entry—district judiciary or the bar—and the duration of service, all retired High Court judges must receive a full pension.
- Pension for Retired Judges with District Judiciary Background:
- If a retired High Court judge previously served as a District Judge, they must receive a full pension, even if there was a break between their district and High Court service.
- Judges who entered the district judiciary under the Contributory Pension Scheme or New Pension Scheme are also eligible for full pension. The States must refund their contributions to the NPS along with dividends.
- Family Pension for Deceased Judges: The UoI must provide family pension to the widow or family members of a High Court judge who died while in service, regardless of whether they were a permanent or additional judge.
Background of the Case:
- The Supreme Court's directions came in a suo motu case addressing the retiral benefits of judges.
- The case also considered writ petitions filed by former High Court judges seeking equal pension rights.
Case: IN RE REFIXATION OF PENSION CONSIDERING SERVICE PERIOD IN DISTRICT JUDICIARY AND HIGH COURT SMW(C) No. 4/2024, and connected cases.