All retired HC judges entitled to full pension irrespective of date of service entry, rules SC

The Supreme Court on Monday ruled that all High Court judges, including additional judges, are entitled to full pension and retirement benefits, regardless of when they were appointed or whether they retired as additional or permanent judges. The court also confirmed that former Chief Justices of High Courts will receive Rs 15 lakh annually as pension.

A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih observed that any denial of full pension would violate Article 14 of the Constitution, which guarantees the right to equality. The bench emphasised that differentiating judges based on the timing of their appointment or whether they were designated as additional or permanent judges is unconstitutional.

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 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.

(With inputs from PTI)