HC judges should be paid same salary, pension: SC

Holding that all high court judges are one homogenous class of office holders, the SC said they must be extended the same service benefits, including pension, without any discrimination.

A three-judge Bench led by Chief Justice of India DY Chandrachud said whether high court judges were appointed from the Bar or from the judicial service had no bearing on their position as they constituted "a homogenous class" without any distinction after their appointment.

While hearing petitions over salary dues of Patna High Court judges, the top court said any determination of the service benefits of sitting high court judges and their retirement benefits must take place on the principle of non-discrimination within judges who constituted one homogenous group.

"Article 216 does not distinguish on how HC judges are appointed. Once appointed to the HC, all judges rank to par. The institution of the HC consists of the Chief Justice and all other judges appointed and no distinction can be made on payment of salaries or for other benefits," said the Bench, which also included Justice JB Pardiwala and Justice Manoj Misra.

Making a distinction between judges would fundamentally militate against a sense of homogeneity, it said.

Terming financial independence for judges as a necessary ingredient for maintaining judicial independence, it said, "Neither Article 221(1) of the Constitution which empowers Parliament to determine the salaries of each of the high court's judges nor Article 221(2) contemplates that a discrimination can be made between the high court judges on the basis of the source where they are drawn."

"Thus there can be no difference in payment of salaries or other benefits for judges just like that of civil servants. The salaries are derived from the consolidated fund of states. Pensions are charged from the consolidated fund of India. The principle of non-discrimination applies to how sitting and former judges are to be treated," the top court said.