The Supreme Court on Monday held that the retirement benefits of the judges of the high courts and the apex court drawn from the Bar must match with those elevated from subordinate courts. Delivering the judgment on a bunch of petitions filed by former judges of the high courts and Supreme Court, a Bench led by Chief Justice P Sathasivam said such a classification between the judges chosen from the Bar and those elevated from subordinate courts was not only “unreasonable” and “adversely affects the image of the judiciary”, but also comes in the way of quality of justice as capable lawyers do not show inclination towards judgeship. “When persons holding constitutional office retire from service, making discrimination in the fixation of their pensions depending upon the source from which they were appointed is in breach of Articles 14 and 16(1) of the Constitution. One rank, one pension must be the norm in respect of a Constitutional Office,” said the Bench. It held that for pensionary benefits, 10 years of practice as an advocate will be added as a qualifying service for the judges elevated from the Bar, besides all other benefits at par with other judges. The petitions of former judges alleged discrimination as the years served by them at Bar as advocates were not considered in grant of pension, while those elevated from subordinate courts got the benefit of their service duration.
