All retired high court judges entitled to full equal pension, orders Supreme Court
All retired high court judges, including additional judges, are entitled to full equal pension and other retiral 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 additional and permanent judges of high court, a Bench led by Chief Justice of India BR Gavai said there cannot 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 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, the top court said.
"We hold that any discrimination among judges for terminal benefits after retirement will be violative of Article 14. Thus, we hold that all high court judges, irrespective of when they entered, (are) entitled to full pension. We also hold that high court judges who retired as additional judges will also get full pension,” 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 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.
