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P. Ramakrishnam Raju v. Union of India

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 521 of 2002)Decided 31 Mar 2014
Writ Petition (Civil) No. 521 of 2002
Chief Justice P. Sathasivam · Justice Ranjan Gogoi · Justice N.V. Ramana

Background

Retired High Court judges appointed from legal practice challenged pension rules that did not count their earlier professional experience. Judges elevated from subordinate judicial service could count that service and often receive higher pensions despite spending less time on the High Court, and connected proceedings concerned post-retirement assistance.

Decision Breakdown

The Court declared that ten years of advocacy should count as qualifying service for the pension of High Court judges elevated from the Bar, reckoned from 1 April 2004. It found the unequal treatment of holders of the same constitutional office unjustified and directed the requisite rules amendment concerning post-retirement benefits. It also encouraged States lacking assistance schemes to frame suitable ones, preferably within six months and taking local conditions into account. The petitions and appeals were disposed of on those terms; the pension ruling was specific to this judicial office.

Lesson Learnt

Pension distinctions based only on the recruitment source can be unconstitutional where people hold the same constitutional office and perform the same duties without a valid basis for unequal treatment.

Official source (sci.gov.in)View Judgment (PDF)

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