In a significant verdict, the Supreme Court on
Monday held all high court judges, including additional judges, will be
entitled to full pension and retirement benefits.
The top court said the former chief justices of the
high court will get Rs 15 lakh per annum as pension.
Observing that denial would amount to violation of
right to equality under Article 14 of the Constitution, a 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.
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 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 detailed judgement is awaited.
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.