Curtin sent his resignation letter to the government last November noting that his decision had been made with "regret." The move brought to a conclusion an Oireachtas investigation which could have led to the impeachment of the District Court judge.

The impeachment proceeding started in June 2004 in the aftermath of the dismissal of charges for possession of child pornography because the garda raid on Curtin's Tralee home was undertaken using an out of date warrant.

Medical evidence from the judge was submitted last November although a medical examination by a nominee of the justice department will determine if Curtin is permanently incapacitated and eligible for early retirement. In a statement last November, Curtin's solicitor said the judge had "reached such a stage of illhealth that he cannot continue the fight and so has brought the matter to an end."

A Department of Justice spokesperson would not comment. However, sources said the pension issue was now considered a "private matter" between the judge and his employers. Curtin is no longer being paid by the department.

A judge who resigns owing to permanent infirmity may apply for the payment of a reduced pension. Under the early retirement arrangements, 54-year-old Curtin would receive an annual Euro19,000 pension and a Euro51,000 once-off payment. The request is unlikely to be refused as the early retirement concludes a drawn out impeachment saga.

Following submissions from the judiciary which are due shortly, the justice minister Michael McDowell is expected to proceed with legislation for an ethical code for judges and a formal system for investigating complaints about judicial misbehaviour. The absence of such a system significantly delayed the inquiry in the Curtin case.