Supreme Court Rules All High Court Judges Entitled to Full Pension, Ends Disparity in Retirement Benefits
In a landmark judgment, the Supreme Court on Monday ruled that all High Court judges, whether permanent or additional, are entitled to full pension and retirement benefits, eliminating longstanding disparities in post-retirement entitlements.
The ruling, delivered by a bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih, asserted that denying full pension to certain categories of judges violates Article 14 of the Constitution, which guarantees the right to equality.
“This court finds that any discrimination in pension benefits based on when a judge was appointed, or whether they retired as an additional or permanent judge, is unconstitutional,” said the Chief Justice while delivering the verdict.
Importantly, the bench clarified that the families of deceased additional judges are also entitled to the same pension and retirement benefits as those of permanent judges.
The court further held that the distinction between judges elevated from the Bar and those promoted from the district judiciary must not impact pension entitlements. It said those under the National Pension System (NPS) must receive pension benefits on par with others.
“There shall be no disparity in pension entitlements based on the mode of elevation or designation. All High Court judges, including additional judges, are entitled to full pension,” the bench said.
The court also declared that former Chief Justices of High Courts are to receive ₹15 lakh per annum as pension, while other judges will receive ₹13.5 lakh annually.
Referring to Article 200 of the Constitution, which pertains to pensions for retired High Court judges, the court reinforced that any distinction in post-retirement benefits is a violation of constitutional principles.
The judgment responded to multiple petitions, including the matter titled In Re Re-fixation of Pension Considering Service Period in District Judiciary and High Court, which highlighted inconsistencies in pension calculations. The pleas had raised concerns over lower pension payouts to judges elevated from the district judiciary and those under the NPS, compared to their counterparts elevated directly from the Bar.
The Supreme Court had reserved its judgment on the matter on January 28. The full text of the judgment is awaited.
