The Supreme Court stated on Tuesday that all High Court judges form a single, uniform group of office holders and, therefore, should receive equal service benefits, including pensions, without any discrimination.
A Bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra questioned how it could be justified for judges of different High Courts to receive varying pension amounts.
"Article 216 does not distinguish on how High Court judges are appointed. Once appointed to the High court, all judges rank to par. Institution of the High Court consists of Chief Justice and all other judges appointed and no distinction can be made on payment of salaries or for other benefits," the Court said.
Accordingly, the Court held the following:
1. High Court are constitutional institutions and all judges partake as upholders of constitutional offices.
2. Neither Article 221(1) nor Article 221(2) of the constitution contemplates that any discrimination can be made on the salaries being drawn by them.
3. Once appointed to High Court, all judges form part of one homogenous class of office holders .
4. There is an intrinsic relation between judicial independence and financial independence.
5. Any determination of service benefits to sitting judges and retiral benefits payable to them as pension must be without any discrimination.
6. Seeking to make any such distinction shall be unconstitutional.
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