Punjab & Haryana HC directs Centre to release pension arrears of retired judge by November

The counsel appearing for the petitioner submitted that Justice Tagore’s pension had been calculated erroneously by treating her basic pay as that of a judicial officer instead of a high court judge. The petition challenged the non-inclusion of service rendered in the subordinate judiciary from 1992 to 2022 and a brief “break-in-service” before her elevation to the high court in November 2022.

Justice Tagore had also sought interest on the delayed payment of her gratuity, which was released on February 15, 2025, over four months after her retirement on September 30, 2024.

Referring to the Supreme Court judgment in Union of India v Justice (Retd) Raj Rahul Garg, the counsel argued that the apex court had settled the issue, disallowing any distinction between judges drawn from the Bar and those from judicial services. The bench was informed that Justice Tagore’s case was squarely covered under the May 19, 2025, judgment which directed the Union to implement pension refixation within six months.

During the hearing, the Centre acknowledged the applicability of the verdict but pointed to Clause 10 of the judgment, which granted it time until November to complete the process. Although there was initial confusion over the availability of the clause in some versions of the judgment, the petitioner’s counsel produced the full text downloaded from the Supreme Court’s website.

Observing that the point on merits was not disputed, the high court directed the respondents to comply with the Supreme Court’s ruling “latest by November 19, 2025.” The petition was accordingly disposed of with a direction for compliance within the specified timeframe.