The Supreme Court has expressed its “shock” over the meager pension being received by some retired high court judges, with amounts as low as ₹6,000 to ₹15,000. The remarks were made during the hearing of a petition filed by a retired judge, who alleged that his pension was inadequately computed by the authorities, not taking into account his judicial service prior to his elevation.
A bench consisting of Justices B R Gavai, P K Mishra, and K V Viswanathan was hearing the case when it was revealed that the petitioner, a former judge of the Allahabad High Court, was receiving only ₹15,000 as his monthly pension despite having served as a judicial officer for 13 years before being elevated to the high court.
The bench was clearly taken aback by the disparity in pension amounts, with Justice Gavai questioning how such low amounts could be justified. “If there are retired high court judges before us who are getting ₹6,000 and ₹15,000 as pension, it is shocking. How can that be?” Justice Gavai remarked.
The petition raised concerns that the authorities had not factored in the judge’s previous service in the district judiciary while calculating his pension. The issue of disparity in pension benefits among retired judges was also discussed, with the bench noting that the post-retirement benefits for judges varied significantly across different high courts, with some states providing much better pensions than others.
Justice Gavai further pointed out that such discrepancies need to be addressed. “The pensionary benefits of retired high court judges should be based on the last drawn salary as a high court judge, irrespective of whether they were elevated from the bar or the district judiciary,” he said.
The Supreme Court had previously addressed a similar issue in March when it stated that retired high court judges should not face discrimination in the computation of their pensionary benefits based on whether they were elevated from the bar or the district judiciary. The bench had ruled that the pension of a retired judge should be computed based on their last drawn salary as a high court judge.
The apex court has now posted the hearing for November 27 to further discuss the matter and examine the specifics of the petition.
This case has brought attention to the significant financial disparities faced by some retired judges, highlighting the need for a more uniform and fair approach to calculating pensionary benefits for those who have served in the judiciary.
Sources By Agencies
