New Delhi: The Supreme Court on Tuesday said high court judges recruited from the district judiciary would be entitled to same benefits including pension, at par with judges elevated from the bar. A bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala and Manoj Misra said the sources from which the high court judges were appointed had no bearing on their position as they constituted "a homogenous class" without any distinction once appointed.
Making a distinction between judges would fundamentally militate against sense of homogeneity, it added. "High courts are constitutional institutions and their constitutional status is recognised by Article 216. Article 216 does not make any distinction on how high court judges are recruited. Once appointed in the high court, every judge ranks at par. The institution of the high court consists of chief justice and all other judges appointed. Once appointed, no distinction can be made between judges on payment of salaries or for other benefits," said the bench.
Financial independence for judges is a necessary ingredient for maintaining judicial independence, the bench underlined. All high court judges held the constitutional character of the office, it added. "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," it noted.
The apex court observed 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. The apex court was hearing a batch of pleas over salary dues of Patna High Court judges.
