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Supreme Court Asks Centre, States to Restore Full Pension for Retired Judicial Officers
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The Supreme Court has sought responses from the Centre and state governments on a plea to restore full pension immediately after recovering commuted amounts, instead of the existing 15-year period. The move could benefit thousands of retired judicial officers across India.
New Delhi: The Supreme Court on Friday sought the stand of the Centre and state governments on a plea for restoring the full pension of retired judicial officers immediately after the recovery of the commuted pension amount, instead of waiting for the current period of 15 years.

A bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria took note of the submissions made by advocate Gopal Jha, appearing for the All India Retired Judges Association (AIRJA).

Jha argued that former judicial officers were placed at a disadvantage due to the existing pension policy. “Issue notice to the Centre and all the states,” the CJI said.

The AIRJA, which represents state-level retired judicial officers’ associations across India, filed the plea in a pending case from 2015 originally moved by the All India Judges Association concerning service conditions and pension benefits of judicial officers.

The association, represented by its Chairman, former Justice N Sukumaran, explained that pensioners who opt for commutation receive a lump sum amount at the time of retirement. This helps meet urgent financial needs such as housing, children’s education, or marriage expenses.

This amount is then recovered by the government in installments through deductions from the pension, similar to repayment of a loan through EMIs. According to the existing rules, the commuted pension is deducted for a period of 15 years before the full pension is restored.

However, AIRJA contended that the entire principal amount along with interest at 8 per cent per annum is fully recovered in less than 11 years.

The continuation of deductions beyond this period, the association submitted, is “arbitrary and unfair” and effectively penalises pensioners for money they never actually owed.

On 19 September 2025, the Supreme Court of India (a bench led by Chief Justice B. R. Gavai with Justices K. Vinod Chandran and N. V. Anjaria) took a significant step in the realm of judicial pensions and retired judicial officers’ rights. The Court has issued a notice to both the Central Government and all State Governments, seeking their response on a plea demanding an immediate restoration of the full pension for retired judicial officers once the commuted pension amount (with applicable interest) has been fully recovered, rather than waiting out the existing 15-year deduction period.

The petition was filed by the All India Retired Judges Association (AIRJA), representing state-level associations of retired judges across India, in conjunction with the earlier case lodged by the All India Judges Association, addressing service conditions, pay, and pension entitlements of judges.

This judicial development has crucial implications for thousands of retired judicial officers, state judicial administrations, pension policy, and the equitable treatment of public servants in India.



Restoration of Full Pension vs. 15-Year Recovery Rule
Under current rules, a retiring judicial officer who opts for commutation of pension receives a lump sum payment (i.e. giving up a portion of future pension in exchange for an upfront amount). Over the next 15 years, amounts are deducted from their pension (like EMIs) to recover that lump sum. Only after that 15-year period is their full pension restored.

The plea describes the existing rules as “arbitrary and unfair,” particularly because the deductions continue even after full recovery. This potentially violates principles of equity, fairness, and the doctrine that the State should not unjustly enrich itself.