New Delhi, May 19- The Supreme Court today said in a landmark judgment that all judges of high courts, including additional judges, are entitled to full pension and retirement benefits. The Supreme Court said that former chief justices of high courts will get Rs 15 lakh per annum as pension.
A bench of Chief Justice BR Gavai and Justice Augustine George Masih said that denial of pension is a violation of the right to equality under Article 14 of the Constitution. The bench said that full pension will be given to all, irrespective of when they were appointed and whether they retired as additional judges or were made permanent later.
The bench said that discrimination against judges at the time of appointment or on the basis of their position is a violation of this fundamental right (of equality). The CJI, while pronouncing the verdict, said that the families of additional high court judges who have passed away are also entitled to pension and retirement benefits like the families of permanent judges. The bench said that it has examined Article 200 of the Constitution which deals with pension payable to retired high court judges.
The bench said, “We hold that any discrimination between judges (of high court) for retirement benefits after retirement would be a violation of Article 14. Thus, we hold that high court judges, irrespective of when they joined the service, are entitled to full pension.”
The bench said there will be no difference between judges promoted from the bar and judges from the district judiciary. The bench said that those coming under the new pension scheme will get equal pension. The bench said, “We also hold that High Court judges who retire as Additional Judges will get full pension and any discrimination between judges and Additional Judges will be unfair under this condition.”
The bench said in the judgment, “The Central Government shall pay full pension of Rs 13.50 lakh per annum to the judges of High Courts, including Additional Judges.” The detailed verdict of the Supreme Court is still awaited. The Supreme Court had on January 28 reserved its verdict on all the petitions, including a petition seeking re-fixation of pension taking into account the length of service in the district judiciary and the High Court.