Judges Who Resign Are Still Eligible for Pension Benefits: Bombay High Court

The Bombay HC ruled that the resigned judge is also eligible for a pension under the HC Judges (Salaries and Conditions of Services) 1954 Act, considering resignation as retirement.

A former High Court judge with 14 years of service was denied a pension after resigning a day before her extended tenure ended. 

She argued in court that resignation qualifies as retirement for pension eligibility, citing Nandkishor Digambar Deshpande (2017), where the Court ruled that a resigning Additional Judge was entitled to a pension.

The Court ruled that retirement includes resignation under Sections 14 and 15(1) of the 1954 Act includes resignation and ordered pension benefits with 6% interest from 2022.