BREAKING: Supreme Court Mandates Full Pension For All High Court Judges, Additional Judges & Their Families

The Court also ruled that the family members of Additional Judges are entitled to the same post-retirement benefits as those of Permanent Judges.

The judgment was delivered by a Bench comprising Chief Justice of India B.R. Gavai), Justice A.G. Masih and Justice K Vinod Chandran in a matter concerning refixation of pension based on combined service rendered in the district judiciary and the High Court.

"Pension Linked to Judicial Independence"

Reading out the verdict, CJI B.R. Gavai stated, “This matter pertains to the pension payable to retired High Court judges. We have examined Article 220 of the Constitution. For the independence of the judiciary to be meaningful, it is not enough to ensure adequate salary during service—sufficient terminal benefits must also be guaranteed.”

The Court held that any discrimination in terminal benefits post-retirement would be violative of Article 14 of the Constitution, which guarantees equality before the law.

Key Findings of the Court:

• All High Court Judges are entitled to full pension, regardless of their date of entry into service.

• High Court Judges who retired as Additional Judges are also entitled to full pension.

• The families of Additional Judges shall receive the same post-retirement benefits as families of Permanent Judges.

"Distinction Is Constitutionally Impermissible"

Rejecting the distinction between Permanent and Additional Judges for pensionary benefits, the Bench observed, “Making such a differentiation would undermine the constitutional guarantee and cannot be sustained. Equal treatment must extend to all judges and their families.”

Directions Issued by the Court:

1. The Union of India shall pay full pension of Rs.15 lakh per annum to retired Chief Justices of High Courts.

2. The Union shall pay full pension of Rs.13.6 lakh per annum to all High Court Judges, including Additional Judges.

3. All High Court Judges, irrespective of whether they entered from the Bar or the District Judiciary, shall be entitled to full pension.

4. Family pension and widow benefits shall be equally payable to the families of both Permanent and Additional Judges.