Supreme Court Upholds Equal Pension for All Retired High Court Judges Under 'One Rank One Pension' Principle

In a landmark judgment delivered on May 19, 2025, the Supreme Court of India established a uniform pension scheme for all retired High Court judges, irrespective of their date of retirement or the source of their appointment. The Court ruled that all retired judges are entitled to full and equal pension benefits, adhering to the 'One Rank One Pension' (OROP) principle. This decision aims to eliminate disparities in pension entitlements among judges and uphold the constitutional values of equality and non-discrimination.

The judgment was pronounced by a bench comprising Chief Justice B.R. Gavai, Justice A.G. Masih, and Justice K. Vinod Chandran. The Court emphasized that the pension of High Court judges should not vary based on the timing of their appointment or whether they were elevated from the bar or the judicial service. The Court stated, "We hold that all the retired judges of the High Court, irrespective of the date on which they were appointed, will be entitled to receive full pension."

The Court directed the Union of India to implement the following measures:

Pay a full pension of ₹15 lakh per annum to retired Chief Justices of High Courts.
Pay a full pension of ₹13.5 lakh per annum to other retired High Court judges, including those who served as Additional Judges.
Apply the OROP principle uniformly to all retired High Court judges, regardless of their source of entry—be it from the district judiciary or the bar—and irrespective of the length of their service.
Provide full pension to retired High Court judges who previously served as District Judges, even if there was a break in service between their retirement from the district judiciary and their appointment to the High Court.
Refund the entire amount contributed by judges to the New Pension Scheme (NPS), along with any accrued dividends, for those who entered the district judiciary after the implementation of the contributory pension scheme and later became High Court judges.
Extend family pension benefits to the widows or family members of High Court judges who died while in service, regardless of whether the judge was a permanent or an additional judge.

This ruling addresses longstanding concerns about the disparities in pension benefits among retired High Court judges. Previously, judges appointed from the bar often received higher pensions compared to those elevated from the judicial service, leading to perceptions of inequality and unfair treatment. The Court's decision rectifies this imbalance by ensuring that all judges receive equal pension benefits, thereby reinforcing the principles of fairness and justice.

The judgment also acknowledges the significant contributions of judges who have served in the district judiciary before their elevation to the High Court. By recognizing their entire judicial service for pension calculations, the Court affirms the value of their experience and dedication to the judiciary.

Furthermore, the decision to refund contributions to the NPS for judges who transitioned from the district judiciary to the High Court ensures that these judges are not disadvantaged by changes in pension schemes during their service. This move underscores the Court's commitment to protecting the financial security of retired judges and their families.

In conclusion, the Supreme Court's ruling establishes a uniform and equitable pension framework for all retired High Court judges, aligning with the constitutional mandate of equality. By implementing the OROP principle, the Court ensures that the dignity and contributions of all judges are equally recognized and honored, regardless of their career paths or the timing of their appointments.