New Delhi, May 19: All Judges of High Courts irrespective of their elevation and cadres are now entitled to get full pension and retirement benefits.
In a significant verdict of the Apex Court on Monday ruled that all high court judges, including the Additional Judges, are entitled to full pension and retirement benefits.
A SC 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.
Apart from it, the top court ruled that the Former Chief Justices of the High Courts will get Rs 15 lakh pension per annum.
The Apex Court bench observed that denial of due pension would amount to violation of right to equality under Article 14 of the Constitution,
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 in the order said, “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.”
“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,” the order added.
Worth mentioning, the high court judges, 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.
Hearing the pleas the SC directed the center to work out on a uniform pattern regarding the pension and the superannuation benefits of all the judges of the High Courts.
