Supreme Court Clarifies 2025 Decision On Pension Of Retired HC Chief Justices, Judges; To Apply From Oct 2016 Onwards

The Supreme Court today clarified that its 2025 directions for revised full pension of Rs. 15 lakhs and Rs.13.5 lakhs to retired Chief Justices and Judges of the High Court respectively shall be applicable from October 9, 2016.

"Para 76 (i), (ii) are clarified to the extent that the revised full pension mentioned [therein] shall be admissible from 09.10.2016. The arrears shall be computed accordingly. In the event a judge has retired before this date, such arrears shall be calculated on the basis of pre-revised maximum pension admissible to the retired Chief Justice/Judge (as the case may be)", the Court said.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi issued the clarification on a miscellaneous application filed by the Union of India, which was represented by Attorney General R Venkataramani.

To recap, in May 2025, a 3-judge bench led by former CJI BR Gavai held that all retired judges are entitled to full and equal pension, regardless of their date of retirement and source of entry, following the principle of "one rank one pension". It was observed that there cannot be discrimination in the pension of High Court judges based on when they entered service and whether they are appointed from judicial service or from the bar.

Two key directions issued by the 3-judge bench were as follows:

1. The Union of India shall pay full pension of Rs 15 lakh per annum to a retired Chief Justice of the High Court.

2. The Union of India shall pay full pension of Rs 13.50 lakh per annum to a retired High Court Judge other than a retired Chief Justice of the High Court. A retired High Court Judge shall also include a person who retired as an Additional Judge.

Today's order clarified these two directions. For more details on the 2025 judgment, click here.

Case Title: IN RE REFIXATION OF PENSION CONSIDERING SERVICE PERIOD IN DISTRICT JUDICIARY AND HIGH COURT Versus,