New Delhi, May 19 (UNI) The Supreme Court has ruled that all retired high court judges are entitled to equal pension and retirement benefits, regardless of whether they served as permanent or additional judges.

A bench comprising Chief Justice of India (CJI) BR Gavai and Justice AG Masih held that making a distinction in post-retirement benefits among judges based on their mode of appointment violates Article 14 of the Constitution, which guarantees the right to equality.

The court stated, “Any discrimination among judges for terminal benefits after retirement is violative of Article 14. All high court judges, including those who retired as additional judges, are entitled to full pension.”

It further clarified that no difference can be made based on whether a judge was promoted from the district judiciary or elevated from the bar.

The court also extended the benefit of parity to the families of additional judges, ruling that they too are entitled to the same family pension and post-retirement benefits as those granted to the families of permanent judges.

Key directions issued by the court include, retired chief justices of high courts shall receive a full pension amounting to ₹15 lakhs per annum.

Retired high court judges, including those who served as additional judges, shall be paid ₹13.6 lakh per annum as full pension.

All judges, irrespective of how they entered the judiciary by elevation from the bar or promotion from the subordinate judiciary are entitled to the same pension benefits.

Family pension and widow benefits shall also be applicable to the families of retired additional judges.

Senior advocate K Parameshwar assisted the court as amicus curiae in the matter. The detailed judgement is awaited.

UNI SNG PRS