All retired HC judges entitled to full equal pension: SC

All retired high court judges, including additional judges, were entitled to full equal pension and other retirement benefits, irrespective of their date of retirement, length of service and source of entry, the Supreme Court ruled on Monday.

Applying the 'One Rank One Pension' principle to permanent and additional judges of high courts, a three-judge Bench led by Chief Justice of India BR Gavai said there couldn't be any discrimination in the pension of high court judges based on when they entered the service and if they were appointed from judicial service or from the Bar.

“The principle of one rank one pension requires all retired judges of the high court to be paid a uniform pension. We find that once a judge assumes the office of the high court judge and enters into a constitutional class i.e., the class of a high court judge, no differential treatment would be permissible merely on the ground of date of appointment,” it said.

The Bench directed the Centre to pay full pension of Rs 15 lakh per year to retired chief justices of high courts and Rs 13.6 lakh per year to high court judges, including additional judges. Family pension would be payable to the spouses of retired judges of high courts, including additional judges, it said.

The Bench – which also included Justice AG Masih and Justice K Vinod Chandran – said, “…for ensuring independence of judiciary, it is necessary that like the salary to which a Judge is entitled to as a serving Judge, even after retirement he should get the same terminal benefits as that of a High Court Judge.”

"We hold that any discrimination among judges for terminal benefits after retirement will be violative of Article 14. Thus, we hold all high court judges, irrespective of when they entered (are) entitled to full pension. We also hold high court judges who retired as additional judges will also get full pension and any distinction between judges and additional judges will be doing to violence to…,” the CJI said, while pronouncing the verdict.

The order came in a suo motu proceeding initiated by the top court on the issue of discrimination in retiral benefits of high court judges and some petitions filed by some retired high court judges.

The Bench directed the Centre that a retired high court judge, who has previously served as a district judge, shall be paid full pension, irrespective of any break in service, between the date of on which he retired as a judge of the district judiciary and the date on which he assumed charge as a high court judge.

In the case of a retired high court judge, who previously served as a district judge and joined the district judiciary after the coming into force of the contributory pension scheme or the new pension scheme, the Centre shall pay him/her the full pension, it ordered.

Regarding their contribution to the NPS, the Bench directed states to refund the entire amount contributed by them along with the dividend. “The Union of India shall pay gratuity to the widow or family members of a judge of the high court who dies in harness by adding 10 years period to the period of service undergone by the said judge irrespective of whether the minimum qualifying service as provided under clause (i) of sub-section (3) of Section 17A of HCJ Act had been completed or not,” the top court ordered.