Observing that denial would amount to violation of right to equality under Article 14 of the Constitution, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih said full pension will be paid to all irrespective of when they were appointed and whether they retired as additional judges or were later made permanent.
New Delhi: In a significant verdict, the Supreme Court on Monday held all high court judges, including additional judges, will be entitled to full pension and retirement benefits.
The top court said the former chief justices of the high court will get Rs 15 lakh per annum as pension.
Observing that denial would amount to violation of right to equality under Article 14 of the Constitution, a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih said full pension will be paid to all irrespective of when they were appointed and whether they retired as additional judges or were later made permanent.
The bench said discriminating among judges based on the timing of their appointment or their designation violates this fundamental right.
The CJI, pronouncing the verdict, said families of deceased additional high court judges are also entitled to the same pension and retirement benefits as families of permanent judges.
The bench said it has examined Article 200 of the Constitution which pertained to pension payable to 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 from 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 detailed judgement is awaited.
The top court had reserved the judgement on January 28 on the pleas including ‘In Re Re-fixation Of Pension Considering Service Period In District Judiciary and High Court’.
Disparity was alleged in payment of pensions to high court judges on several grounds, including whether a judge was permanent or additional judge at the time of retirement.
The high court judges, who were elevated from district judiciary and covered under the NPS, were getting lesser pension in comparison to those elevated directly from the Bar, the pleas alleged.