The Supreme Court of India has expressed serious concerns over the low pensions received by retired high court judges, some as little as Rs 6,000 to Rs 15,000. This discrepancy stems from how pension calculations do not account for prior judicial service. The court plans to review pension policies further on November 27, emphasizing the need for equitable retirement benefits to uphold judicial integrity and dignity.
New Delhi: The Supreme Court of India recently expressed deep concern over the “shocking” pension amounts received by some retired high court judges. In a hearing on Thursday, a bench comprising Justices BR Gavai, PK Mishra, and KV Viswanathan revealed their dismay at learning that some retired judges are receiving pensions as low as Rs 6,000 to Rs 15,000. Justice Gavai remarked,
“If there are retired high court judges before us who are getting Rs 6,000 and Rs 15,000 as pension, it is shocking. How can that be?”
This revelation came while the court was addressing a petition from a retired judge of the Allahabad High Court. The petitioner, who had previously served as a judicial officer in the district courts for 13 years before his elevation to the high court, reported receiving only Rs 15,000 as his monthly pension. He claimed that his earlier years of judicial service were not factored into the calculation of his pension, significantly reducing the amount he receives.
The issue has spotlighted discrepancies in post-retirement benefits for high court judges, which appear to vary widely based on the state. Justice Gavai pointed out that “post-retirement facilities for judges differed in each high court” and observed that some states offer comparatively better benefits, while others lag far behind.
The Supreme Court has previously highlighted the need for uniform pensionary benefits for retired high court judges, irrespective of their career path to the bench. In March, during a separate hearing, the apex court underscored that pension benefits should be computed without discrimination between judges elevated from the bar and those promoted from the district judiciary.
The Supreme Court has held that a retired high court judge’s pension should be based on their last drawn salary as a high court judge, irrespective of prior experience or position in the judiciary. However, the current issue seems to stem from cases where judicial officers, who spend years in the district judiciary, do not have their full service counted toward their pension upon elevation.
The Supreme Court has now scheduled the matter for a further hearing on November 27, setting the stage for a comprehensive review of pensionary policies for retired judges. If left unaddressed, the disparity in judicial pensions could pose significant implications for the quality and security of judicial retirement. The bench’s concern may signal a shift toward ensuring equitable retirement benefits for judges across all states, ensuring their dignity and security post-retirement.
In India, judicial independence and integrity are pillars of the justice system. Providing retired judges with dignified pensions is essential to upholding these values. This recent petition reflects broader challenges in the judiciary’s pensionary structure and could pave the way for reforms that acknowledge the dedicated years high court judges spend in service to the nation.
The court’s comments highlight the urgent need to reevaluate the pensionary policies, and if the apex court calls for reform, it may lead to standardized post-retirement benefits for high court judges across India. As the Supreme Court continues to review this issue, it may serve as a crucial step toward ensuring that judicial officers, upon retirement, are accorded the respect and dignity they deserve for their service to justice.
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