The Supreme Court on Monday ruled that all retired High Court judges are entitled to full and equal pension benefits, irrespective of their mode of appointment or date of retirement. Emphasizing the principle of "one rank one pension," the Court directed uniformity in post-retirement benefits to ensure parity among all retired judges.
A three-judge bench of the Supreme Court, comprising Chief Justice of India BR Gavai, Justice A.G. Masih, and Justice K. Vinod Chandran, delivered the verdict while hearing a suo motu case on judicial retiral benefits, along with writ petitions filed by several retired High Court judges.
The bench stated, “We direct that the Union of India shall follow the principle of One Rank One Pension to all the retired Judges of the High Courts irrespective of their source of entry i.e., District Judiciary or the Bar, and irrespective of number of years that they have served either as a District Judge or a High Court Judge and all of them shall be paid full pension as aforesaid.”
The Supreme Court held that all High Court Judges, regardless of their mode of entry, are entitled to equal post-retirement benefits, reaffirming the “one rank one pension” principle. It ruled that any discrimination in pension based on the source of entry or date of appointment violates Article 14 of the Constitution. The Court also directed States to refund contributions made by Judges under the National Pension Scheme (NPS), along with accrued dividends, while allowing States to retain their own contributions and dividends.
The Supreme Court ruled that denying family pension and gratuity to the widows or families of Additional Judges is arbitrary and unsustainable. It held that all categories of Judges, including Additional Judges, are covered under the HCJ Act, entitling their families to pension benefits under Section 17A. The Court also directed that for calculating gratuity, 10 years should be added to a Judge’s service period, ensuring equitable retirement benefits for families of deceased or retired Judges.
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