Supreme Court affirms One Rank One Pension for all retired High Court judges to ensure equal post-retirement benefits.
Case in News
All judges to get equal full pension says the Supreme Court of India while enforcing One Rank One Pension .
Case Overview
Case Name : In Re Refixation of Pension Considering Service Period in District Judiciary and High Court
In a landmark verdict the Supreme Court of India bench led by Chief Justice of India BR Gavai with Justice AG Masih and Justice K Vinod Chandran ruled that all judges to get equal full pension following the principle of “One Rank One Pension.” The Court declared that retired High Court judges must receive uniform pension regardless of their entry mode (bar or judiciary), tenure or any service gaps . The judgment was delivered in a suo motu case concerning the retiral benefits of judges .
Key Aspects
The case revolved around disparities in pension based on various service-related factors .
- Judges retiring at different times received unequal pensions .
- Discrimination existed between judges from the bar and district judiciary .
- Judges who faced a gap between retirement as district judges and appointment as HC judges were paid reduced pensions .
- Additional judges were not getting the same pension as permanent judges .
- Issues with benefits under the New Pension Scheme (NPS) also raised concerns .
Legal Insights
The Court applied constitutional and statutory provisions to end discrimination .
- Article 14 : Ensures equality before the law—discrimination in post-retirement benefits violates this right .
- Article 221 : Provides for salaries and allowances of High Court judges .
- High Court Judges Act, 1954 : Governs judges’ pension and service conditions .
- The principle of “One Rank One Pension” was deemed essential for judicial independence .
Court’s Verdict
The Court ordered uniform pension of ₹15 lakh annually for retired Chief Justices and ₹13.5 lakh for other retired High Court judges. Judges including additional and those under NPS will receive equal full pension . Families of judges who died in service are entitled to pension and gratuity irrespective of tenure or status . The Court stressed that the dignity of constitutional office demands equal post-retirement treatment for all judges.
Source –Supreme Court of India
Read also–Article 14 of Indian Constitution
