IN RE REFIXATION OF PENSION CONSIDERING SERVICE PERIOD IN DISTRICT JUDICIARY AND HIGH COURT
Discusses pension, gratuity, and discrimination, relevant to service law and constitutional principles.
Court: Supreme Court of India
Citation: 2025 INSC 726
Decision Date: 19-05-2025
List of Laws
Constitution of India, 1949; High Court Judges (Salaries and Conditions of Service) Act, 1954
- Constitution of India, 1949: The judgment discusses Article 221, which pertains to the salaries, etc., of High Court Judges. Article 221(1) states that Judges of each High Court shall be paid such salaries as determined by Parliament by law. Article 221(2) states that every Judge shall be entitled to allowances and rights in respect of leave of absence and pension as may be determined by Parliament. The proviso states that neither the allowances nor pension rights shall be varied to the disadvantage of a Judge after appointment. The judgment also references Explanation (aa) appended to Article 217(2), which relates to computing the period during which a person has been an advocate of a High Court. The judgment also mentions Article 14 and Article 16(1) regarding discrimination and equality. The judgment also mentions Article 216 regarding the source from which Judges of the High Court are recruited. The judgment also mentions Article 112(3)(d)(iii) and Article 202(3)(d) regarding the Consolidated Fund of India. The judgment also mentions Article 124 (3) (b) for a lawyer to be eligible to be considered for appointment as a Judge of this Court. The judgment also mentions Article 217 of the Constitution specifies distinct sources of recruitment for judges of the High Court from the district judiciary or, as the case may be, the Bar.
- High Court Judges (Salaries and Conditions of Service) Act, 1954: The judgment extensively discusses various sections of the High Court Judges (Salaries and Conditions of Service) Act, 1954 (HCJ Act). Section 2(1)(g) defines "Judge" to include the Chief Justice, an acting Chief Justice, an additional Judge, and an acting Judge of the High Court. Section 2(1)(gg) defines "pension" as any kind of pension payable to or in respect of a Judge, including gratuity or other sums payable by way of death or retirement benefits. Section 13A specifies the salaries of the Chief Justice and other Judges of the High Court. Section 14 pertains to the pension payable to Judges, stating that every Judge shall be paid a pension in accordance with the scale and provisions in Part I of the First Schedule, subject to certain conditions. Section 15 provides special provisions for pension in respect of Judges who are members of service, detailing how their pension is calculated based on Part III of the First Schedule. Section 17A deals with family pensions and gratuities, specifying the conditions and rates for family pension and gratuity payable to the family members of a Judge who dies in service or after retirement. Section 20 concerns the denial of provident fund as payable under the HCJ Act. The First Schedule, Part I and Part III, outlines the scales and provisions for calculating pensions for Judges, depending on whether they have held other pensionable posts. Section 4A of the HCJ Act, commutation of pensions in accordance with Section 19 of the HCJ Act.
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