Supreme Court Mandates Full, Equal Pension for All Retired High Court Judges
In a landmark decision, the Supreme Court has ruled that all retired high court judges, including additional judges, are entitled to a full and equal pension and other retiral benefits. This judgment applies the 'One Rank One Pension' principle to the judiciary, ensuring parity irrespective of their retirement date, length of service, or mode of entry into the high courts.
Unpacked:
The 'One Rank One Pension' (OROP) principle ensures equal pension for retirees of the same rank, regardless of their retirement date. It was first implemented for the armed forces, aiming to eliminate disparities in pension due to different retirement years. In this judgment, the Supreme Court has extended the OROP concept to retired high court judges, ensuring pension parity.
The Court found that differences in pension based on retirement date, length of service, or mode of entry violated Article 14 of the Constitution, which guarantees equality before the law. The decision sought to address these disparities and ensure all retired judges receive fair and equal retiral benefits.
Retired high court judges will now receive a minimum pension of Rs 13.65 lakh per year, with retired chief justices getting Rs 15 lakh annually. This ensures uniformity and potentially increases the pension for those who previously received lower amounts, correcting past inequalities.
While the judgment specifically addresses high court judges, it reinforces the constitutional principle of equality and could influence pension policies in other government sectors. However, previous OROP-related judgments for defense personnel have not mandated equal pensions for all, highlighting that applications may differ by sector.