The Supreme Court has ruled that all retired High Court judges, regardless of whether they served as permanent or additional High Court judges, were entitled to equal pension and other retirement benefits.
The Bench of Chief Justice of India BR Gavai and Justice AG Masih recently observed that making any distinction between judges and additional judges was like inflicting violence on them.
Noting that any discrimination among retired High Court judges regarding the grant of retirement benefits would violate the right to equality under Article 14 of the Constitution, the Apex Court said no such discrimination was permissible based on how the High Court judge entered or was promoted in judicial service.
The Bench further ruled that even the family members of additional judges would be entitled to all extended post-retirement benefits given to the families of High Court judges whose appointment was made permanent.
The Apex Court directed the Central government to pay full pension of Rs 15 lakh per year to retired Chief Justices of High Courts and full pension of Rs 13.6 lakh per year to High Court judges, including additional judges.
It held that all High Court judges, irrespective of whether they were elevated from the Bar or promoted from the district judiciary, were entitled to full pension.
Besides, family pension and widow benefits were payable to the families of retired additional High Court judges as well, just as they were given to the families of retired permanent High Court judges, added the Court.
Senior Advocate K Parameshwar appeared as Amicus Curiae in the case.
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