Supreme Court Affirms One Rank One Pension for Judges: Birthmarks Must Disappear
The Supreme Court ruled that once a person assumes the constitutional office of High Court Judge, their pension must reflect the stature of the office, not the route taken to reach it.
Adv. Vikram Joshi
Senior Partner, Constitutional Law
Introduction
In Re: Refixation of Pension Considering Service Period in District Judiciary and High Court (2025 INSC 726), the Supreme Court affirmed the principle of uniform pension for High Court judges regardless of their prior service background.
The Core Principle
The Court held that once a person assumes the constitutional office of a High Court Judge, "birthmarks" from previous service should disappear. Whether the judge rose through the Bar, civil service, or the judiciary, their pension must reflect the stature of the office.
Reasoning
- Constitutional Office: High Court judgeship is a constitutional position with uniform responsibilities
- Equality: All judges perform identical functions regardless of background
- Dignity: Pension should reflect the dignified nature of judicial office
Impact
This judgment ensures that retired judges receive pension commensurate with their constitutional position, eliminating disparities based on pre-appointment careers and upholding judicial dignity.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. The information contained herein may not be applicable to all situations and may not reflect the most current legal developments. Please consult with a qualified attorney for specific legal advice regarding your situation.
