SC rules all high court judges entitled to full pension benefits

New Delhi: In a significant verdict, the Supreme Court on Monday declared that all High Court judges, including additional judges, are entitled to full pension and retirement benefits.

The court specified that former chief justices of high courts will receive an annual pension of Rs 15 lakh.

A bench led by Chief Justice B. R. Gavai and Justice Augustine George Masih emphasised that denying a full pension would violate the right to equality under Article 14 of the Constitution. The ruling ensures that all judges, regardless of their appointment date or whether they retired as additional or permanent judges, will receive full pension benefits.

The bench ruled that differentiating judges based on their appointment timing or designation violates their fundamental rights. Delivering the verdict, the Chief Justice of India (CJI) affirmed that families of deceased additional High Court judges are entitled to the same pension and retirement benefits as those of permanent judges.

The bench also reviewed Article 200 of the Constitution, which governs pension provisions for retired High Court judges.

“We hold any discrimination among (high court) judges for terminal benefits after retirement will be violative of Article 14. Thus, we hold all the high court judges irrespective of when they entered, and thus entitled to full pension,” it said.

It said there shall be no distinction between the judges who were elevated from the Bar and those who came from district judiciary. The bench said those covered under the new pension scheme will also get the same pension.

“We also hold the high court judges who retired as additional judges will get full pension and any distinction between judges and additional judges will be doing to violence to the condition,” the bench said.

“The Union (of India) shall pay a full pension of 13.50 lakh per annum to judges of the high courts, including additional judges,” it said.

The Supreme Court's detailed judgement is awaited after reserving its decision on January 28 regarding pleas, including In Re Re-fixation Of Pension Considering Service Period In District Judiciary and High Court.

The petitions highlighted disparities in pension payments to High Court judges, citing factors such as whether a judge retired as permanent or additional.

It was alleged that judges elevated from the district judiciary and covered under the New Pension Scheme (NPS) received lower pensions compared to those directly elevated from the Bar.

(inputs from PTI)