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Supreme Court of India 2024-11-05

Justice Shailendra Singh & Ors vs Union of India & Ors

Bench: 3 — Dr Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

Eight judges of the Patna High Court, previously appointed as District Judges, challenged a government communication denying them access to the General Provident Fund (GPF) benefits granted to other High Court judges. The Supreme Court held that all High Court judges must be treated uniformly in service conditions and post-retirement benefits, irrespective of their source of appointment. The Court ruled that Article 14 of the Constitution prohibits such discrimination and that Section 20 of the High Court Judges Act mandates GPF access for all judges. The proviso to Section 20 was construed as explanatory, not exclusionary. The Court quashed the government communication and ordered GPF accounts opened for all petitioners with immediate effect.", <parameter name="citations">["Writ Petition (Civil) No 232 of 2023", "Writ Petition (Civil) No 3 of 2024", "Writ Petition (Civil) No 1262 of 2021"]

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Constitutional Law Judicial Independence Non-discrimination Service Conditions of Judges Pension and Provident Fund Article 14

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