One Rank One Pension Supreme Court.
News livelaw.in, THE TIMES OF INDIA, business & finance news
On May 19, 2025, the Supreme Court of India delivered a landmark judgment affirming the principle of “One Rank One Pension” (OROP) for all retired High Court judges, ensuring uniformity in their pension entitlements irrespective of their date of appointment or source of entry. The bench, comprising Chief Justice of India BR Gavai, Justice AG Masih, and Justice K Vinod Chandran, held that such uniformity is essential to uphold constitutional values and prevent discrimination among judges holding the same constitutional office.
Uniform Pension Entitlement: All retired High Court judges, including those appointed from the district judiciary or the bar, are entitled to full and equal pension benefits. The Court emphasized that once a judge assumes office, they are part of a constitutional class and cannot be treated differently based on their entry point.
Pension Amounts:
- Retired Chief Justices of High Courts are entitled to an annual pension of ₹15 lakh.
- Other retired High Court judges, including those who served as additional judges, are entitled to an annual pension of ₹13.5 lakh.
No Discrimination Based on Entry Source: The Court ruled that pension disparities based on whether a judge was appointed from the bar or the district judiciary are unconstitutional. This ensures that all judges, regardless of their background, receive equal pension benefits.
Consideration of Entire Service Period: For pension calculation, a judge’s entire service as a High Court judge is considered, irrespective of any break in service between their tenure as a district judge and a High Court judge. This approach aligns with the principle that all judges should be treated equally concerning their post-retirement benefits.
The Supreme Court’s decision underscores the importance of equality and non-discrimination in the judiciary, reinforcing that all judges, regardless of their path to the bench, are entitled to the same pension benefits upon retirement.
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