In a landmark judgment delivered on May 19, 2025, the Supreme Court of India affirmed the principle of equality in pension entitlements for all retired High Court judges, irrespective of their designation as permanent or additional judges. The bench, comprising Chief Justice of India BR Gavai and Justice AG Masih, ruled that any differentiation in post-retirement benefits based on the nature of judicial appointment contravenes Article 14 of the Constitution, which guarantees the right to equality.
The Court emphasized that the distinction between permanent and additional judges should not extend beyond their tenure in office. Once retired, all judges should be treated equally concerning pension and other retiral benefits. The judgment highlighted that any disparity in this regard would amount to a violation of the constitutional mandate of equality before the law.
Further, the Court addressed the issue of family pensions, stating that the families of retired additional judges are entitled to the same benefits as those of permanent judges. This directive ensures that the dependents of all retired judges receive uniform support, reinforcing the principle of non-discrimination.
The ruling also clarified that the mode of entry into the judiciary—whether through elevation from the Bar or promotion from the district judiciary—should not influence pension entitlements. By doing so, the Court dismantled any hierarchical biases that might have existed based on the judges' professional backgrounds prior to their High Court appointments.
In concrete terms, the Supreme Court directed the Union government to disburse an annual pension of ₹15 lakhs to all retired Chief Justices of High Courts and ₹13.6 lakhs to other retired High Court judges, encompassing both permanent and additional judges. This uniform pension structure aims to eliminate any financial disparities stemming from the judges' designations during their service.
The decision has been lauded for upholding the dignity of the judiciary and ensuring that all judges, regardless of their appointment status, receive equitable treatment post-retirement. It underscores the judiciary's commitment to constitutional principles and sets a precedent for addressing similar issues of disparity in other sectors.
Senior Advocate K Parameshwar served as Amicus Curiae in the case, providing valuable insights that contributed to the Court's comprehensive understanding of the matter. The judgment is expected to have a far-reaching impact, prompting a re-evaluation of pension policies to align with the constitutional ethos of equality and non-discrimination.
Note: The full text of the judgment is awaited and will provide further details on the Court's reasoning and directives.
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