Supreme Court Enforces One Rank One Pension for Retired High Court Judges, Directs Equal Pension Structure

Supreme Court Enforces ‘One Rank One Pension’ for Retired High Court Judges, Directs Equal Pension Structure

Supreme Court Orders Equal Pension for All Retired High Court Judges

In a key ruling upholding judicial equality, the Supreme Court has mandated that all retired High Court judges receive equal pension, applying the “one rank one pension” principle regardless of their entry route or appointment date.

A three-judge bench led by Chief Justice BR Gavai, along with Justices A.G. Masih and K. Vinod Chandran, delivered the verdict while hearing petitions on judicial retiral benefits.

Key Directions:

• Retired Chief Justices to get 15 lakh annually.
• Retired High Court Judges, including Additional Judges, to receive 13.5 lakh annually.
• Source of entry (Bar or service) and length of service will not affect pension.
• Breaks in service from district judiciary to High Court won’t impact entitlement.
• Judges under NPS elevated to High Court to get full pension; NPS contributions to be refunded.
• Family pensions to be granted to heirs of judges who died in service, including Additional Judges.

Chief Justice Gavai stated:
“The dignity of the constitutional office demands that all judges be paid the same pension. Once a judge enters constitutional office, the source of entry loses relevance.” Also “Pension cannot be reduced on the ground of a break in service between retirement as a District Judge and appointment as a High Court judge.” The Court held that post-retirement discrimination violates Article 14, adding:
“Where equal treatment is given during service, any discrimination after retirement in terminal benefits would offend Article 14 of the Constitution.”