{"id":348298,"date":"2025-05-19T17:30:34","date_gmt":"2025-05-19T12:00:34","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=348298"},"modified":"2025-05-22T17:59:14","modified_gmt":"2025-05-22T12:29:14","slug":"one-rank-one-pension-retired-high-court-judges","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/05\/19\/one-rank-one-pension-retired-high-court-judges\/","title":{"rendered":"Supreme Court upholds ‘One Rank One Pension’ for all retired High Court Judges; Orders equal and full pension"},"content":{"rendered":"
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Supreme Court:<\/span> In a matter concerning the pension payable to retired Judges of the High Courts, including the payment of gratuity and other terminal benefits, a Three- Judge Bench of BR Gavai*<\/span>, CJI., Augustine George Masih, and K.Vinod Chandran, JJ. issued the following directions:<\/p>\n

    \n
  1. \n

    The Union of India was directed to pay the full pension of Rs. 15,00,000\/- per annum to a retired Chief Justice of the High Court.<\/p>\n<\/li>\n

  2. \n

    The Union of India was directed to pay the full pension of Rs. 13,50,000\/- per annum to a retired Judge of the High Court, other than a retired Chief Justice of the High Court.<\/p>\n<\/li>\n

  3. \n

    A retired Judge of the High Court was deemed to include retired Judges who had served as Additional Judges of the High Court.<\/p>\n<\/li>\n

  4. \n

    The Union of India was instructed to follow the principle of One Rank One Pension for all retired High Court Judges, regardless of their entry source (whether from the District Judiciary or the Bar) and irrespective of the number of years served either as a District Judge or a High Court Judge. All retired Judges were to be paid full pension as stipulated.<\/p>\n<\/li>\n

  5. \n

    In the case of a retired High Court Judge who had previously served in the District Judiciary, the Union of India was directed to pay full pension, irrespective of any break in service between the date of retirement from the District Judiciary and the date of assumption of charge as a High Court Judge.<\/p>\n<\/li>\n

  6. \n

    For retired High Court Judges who had served in the District Judiciary and entered it after the introduction of the Contributory Pension Scheme or New Pension Scheme, the Union of India was directed to pay full pension. The States were directed to refund the entire amount contributed under NPS to the retired Judges, along with any accrued dividends. However, the contributions made by the State Governments were to be retained by the respective States, including any accrued dividends.<\/p>\n<\/li>\n

  7. \n

    The Union of India was directed to pay family pension to the widow or family members of a High Court Judge who died in harness, regardless of whether the Judge was a Permanent Judge or an Additional Judge of the High Court.<\/p>\n<\/li>\n

  8. \n

    The Union of India was directed to pay gratuity to the widow or family members of a High Court Judge who died in harness by adding 10 years to the period of service undergone by the Judge, regardless of whether the minimum qualifying service required under Section 17A<\/a> of the HCJ Act<\/a> had been completed.<\/p>\n<\/li>\n

  9. \n

    The Union of India was directed to pay all allowances due to a retired High Court Judge as per the provisions of the HCJ Act<\/a>. This included Leave Encashment under Section 4A<\/a> of the HCJ Act<\/a>, Commutation of Pensions under Section 19, Provident Fund under Section 20<\/a> of the HCJ Act<\/a>, and other applicable allowances.<\/p>\n<\/li>\n<\/ol>\n

    Issues<\/h3>\n