SC orders 'one rank, one pension' for retired HC judges
New Delhi, March 31, 2014
When persons who occupied the Constitutional Office of
High Court Judge retire, there should not be any discrimination with
regard to the fixation of their pension, the Supreme Court held on
Monday.
A three-judge Bench of Chief Justice P.
Sathasivam and Justices Ranjan Gogoi and N.V. Ramana while allowing a
batch of petitions filed by retired judges said, “irrespective of the
source from where the Judges are drawn (from among district judges or
from among lawyers), they must be paid the same pension just as they
have been paid same salaries and allowances and perks as serving
Judges.”
The bench held that fixation of higher
pension to the Judges drawn from the Subordinate Judiciary who had
served for shorter period in contradistinction to Judges drawn from the
Bar who had served for longer period with less pension was highly
discriminatory and breach of Article 14 of the Constitution. The
classification itself is unreasonable without any legally acceptable
nexus with the object sought to be achieved. One rank one pension must
be the norm in respect of a Constitutional Office” the Bench said.
Writing
the judgment the CJI Sathasivam said, “only practicing Advocates who
have attained eminence are invited to accept Judgeship of the High
Court. Because of the status of the office of High Court Judge, the
responsibilities and duties attached to the office, hardly any advocate
of distinction declines the offer. Though it may be a great financial
sacrifice to a successful lawyer to accept Judgeship, it is the desire
to serve the society and the high prestige attached to the office and
the respect the office commands that propel a successful lawyer to
accept Judgeship. The experience and knowledge gained by a successful
lawyer at the Bar can never be considered to be less important from any
point of view vis-à-vis the experience gained by a judicial officer.”
The
bench while directing the government to amend the rules with effect
from 2004 said, “the meager pension for Judges drawn from the Bar and
served for less than 12 years on the Bench adversely affects the image
of the Judiciary. When pensions are meager because of the shorter
service, lawyers who attain distinction in the profession may not,
because of this anomaly, accept the office of Judgeship. When capable
lawyers do not show inclination towards Judgeship, the quality of
justice declines.”
THE HINDU dated 01.04.2014
ATTACHED : SC JUDGMENT ;CLICK HERE
ATTACHED : SC JUDGMENT ;CLICK HERE
