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Informist, Monday, May 19, 2025

 

NEW DELHI – The Supreme Court on Monday directed the Centre to follow the principle of 'One Rank One Pension' to all the retired judges of high courts, irrespective of their source of entry and number of years they had served either as a district judge or a high court judge. 

 

The government had brought the 'One Rank One Pension' scheme more than 10 years ago for the armed forces. The scheme stated that military personnel retiring in the same rank and with the same length of service should receive the same pension, regardless of their date of retirement.

 

"When all the judges of the high courts, when in office, are entitled to the same salary, perks and benefits, any discrimination amongst them on the ground of their source of entry, in our view, would be patently discriminatory and violative of Article 14 of the Constitution of India," the apex court said. 

 

Article 216 of the Constitution does not permit any discrimination based on where the judges of the high court are recruited, the top court said. The principle of 'One Rank One Pension' requires all retired judges of the high court to be paid a uniform pension, the court added. 

 

The bench headed by Chief Justice of India B.R. Gavai ruled that the government should pay the full pension of INR 1.5 million per year to a retired chief justice of the high court and INR 1.35 million to a retired judge of the high court. Retired judges of the high court will also include those who have retired as additional judges of the high court, the apex court said.

 

In the case of a retired judge of the high court who has previously served in the district judiciary, the apex court directed government to pay full pension irrespective of any break-in-service between the date on which he or she retired as a judge of the district judiciary and the date on which he or she assumed charge as a judge of the high court. 

 

In the case of a retired judge of the high court who has previously served in the district judiciary and entered the service after the Contributory Pension Scheme or the New Pension Scheme was introduced, the court asked the government to pay them full pension. Insofar as their contribution under the New Pension Scheme was concerned, the apex court directed the states to forthwith refund the entire amount contributed by retired judges of the high court back to them along with the dividend, if any, accrued thereon. "However, the contributions made by the state governments shall be retained by the respective states along with the dividend, if any, accrued thereon," the court added.

 

Further, the government should pay family pension to the widow or family members of a judge of the high court who dies in harness, irrespective of whether the judge was a permanent judge or an additional judge, the court said. The government will pay gratuity to the widow or family members of a judge of the high court who dies in harness by adding 10 years to the period of service undergone by the judge, irrespective of whether the minimum qualifying service had been completed or not, the court said.

 

The top court was hearing a batch of petitions concerning various issues related to pension payable to retired judges of the high courts, including the payment of gratuity and other terminal benefits.  End

 

Reported by Surya Tripathi

Edited by Saji George Titus

 

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