Keen on finding solution over disparity in high court judges' pension: Supreme Court

The Supreme Court on Thursday said it was keen on finding a solution over the issue of disparity in pension to retired high court judges. A bench of Justices B R Gavai, Augustine George Masih and K Vinod Chandran said it wanted to settle the issue once and for all.

"We have been telling it since the beginning that we are keen on finding a solution, not laying down a law," it said.

The top court was hearing arguments on a batch of pleas raising the issue of different pension being payable to retired high court judges.


One of the key reasons highlighted before the top court was that the high court judges, who were elevated from the district judiciary, were covered under the New Pension Scheme.

However, those elevated to the high court from the Bar were the beneficiaries of the Old Pension Scheme leading to a mismatch in the pension payable to two sets of high court judges.

"We know that when you are there, it will all be resolved," the bench told attorney general R Venkataramani on Thursday.

The bench deliberated over uniformity in the pension to retired high court judges for parity.

"We want to settle these issues once and for all," it observed.

The arguments in the matter would continue on January 28.

In December 2024, the top court said it was "pitiable" that some retired high court judges were getting a pension ranging between Rs 10,000 and Rs 15,000.

It asked authorities to have a "humane approach" instead of adopting a "legal approach".

The bench observed the matter would not be decided on individual cases and whatever the top court might lay down would be applicable to all the high court judges.

The top court had also expressed "shock" that some retired high court judges were getting a meagre pension ranging between Rs 6,000 and Rs 15,000.

While hearing a separate plea in March last year, the apex court said there cannot be any discrimination in computing the pensionary benefits of retired judges of high courts based on whether they were elevated from the bar or the district judiciary.

Pensionary benefits of a retired high court judge, elevated from the district judiciary, should be computed based on his or her last drawn salary as a high court judge, it said.