Chapter III
[i][SALARIES AND] PENSIONS
13-A. Salaries of the Judges.
[ii][13-A. Salaries of the Judges.—(1) There shall be paid to the Chief Justice of a High Court, by way of salary, [iii][two lakh fifty thousand rupees per mensem].
(2) There shall be paid to a Judge of a High Court, by way of salary, [iv][two lakh twenty-five thousand rupees per mensem].]
14. Pension payable to Judges.
14. Pension payable to Judges.—Subject to the provisions of this Act, every Judge shall, on his retirement, be paid a pension in accordance with the scale and provisions in Part I of the First Schedule:
Provided that no such pension shall be payable to a Judge unless—
(a) he has completed not less than twelve years of service for pension; or
[v][(b) he has attained the age of sixty-two years; or]
(c) his retirement is medically certified to be necessitated by ill-health:
[vi][Provided further that if a Judge at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service in the Union or a State, the pension payable under this Act shall be in lieu of, and not in addition to, that pension.]
[vii][Explanation.—In this section “Judge” means a Judge who has not held any other pensionable post under the Union or a State and includes a Judge who having held any other pensionable post under the Union or a State has elected to receive the pension payable under Part I of the First Schedule.]
14-A. Benefit of added years of service.
[viii][14-A. Benefit of added years of service.—Subject to the provisions of this Act, a period of ten years shall be added and shall be deemed to have been added from the 1st day of April, 2004 for the purposes of pension, to the service of a Judge who is appointed as such Judge under sub-clause (b) of clause (2) of Article 217 of the Constitution.]
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Other Contents of High Court Judges (Salaries and Conditions of Service) Act, 1954 |
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Chapter I- PRELIMINARY |
15. Special provision for pension in respect of Judges who are members of service.
15. Special provision for pension in respect of Judges who are members of service.— [ix][(1)] Every Judge—
(a) [x][* * *]
(b) who [xi][* * *] has held any other pensionable [xii][* * *] post under the Union or a State, shall, on his retirement, be paid a pension in accordance with the scale and provisions in Part III of the First Schedule:
Provided that every such Judge shall elect to receive the pension payable to him either under Part I of the First Schedule or, [xiii][* * *] or Part III of the First Schedule, and the pension payable to him shall be calculated accordingly.
[xiv][(2) Notwithstanding anything contained in sub-section (1), any Judge to whom that sub-section applies and who is in service on or after the 1st day of October, 1974, may, if he has elected under the proviso to that sub-section to receive the pension payable to him under [xv][* * *] Part III of the First Schedule before the date on which the High Court Judges (Conditions of Service) Amendment Act, 1976, receives the assent of the President, cancel such election and elect afresh to receive the pension payable to him under Part I of the First Schedule and any such Judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favourable in his case.]
16. Power of President to add to the service for pension.
16. Power of President to add to the service for pension.—The President of India may for special reasons direct that any period not exceeding three months shall be added to the service for pension of a Judge:
Provided that the period so added shall be disregarded in calculating any additional pension under Part I or [xvi][* * *] Part III of the First Schedule.
17. Extraordinary pensions.
17. Extraordinary pensions.—The rules for the time being in force with respect to the grant of extraordinary pensions and gratuities in relation to an officer of the Central Civil Services, Class I who has entered service on or after the 1st April, 1937 and who may suffer injury or die as a result of violence shall apply in relation to a Judge, subject, however, to the modification that references in those rules to tables of injury, gratuities and pensions, and of family gratuities and pensions, shall be construed as references to the tables in the Second Schedule.
17-A. Family pensions and gratuities.
[xvii][17-A. Family pensions and gratuities.— [xviii][(1) Where a Judge who, being in service on or after the commencement of the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1986, dies, whether before or after retirement in circumstances to which Section 17 does not apply, family pension calculated at the rate of [xix][fifty per cent of his salary] [xx][* * *] on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the Judge for a period of seven years or for a period up to the date on which the Judge would have attained the age of sixty-five years, had he survived, whichever is earlier, and thereafter at the rate of [xxi][thirty per cent of his salary] [xxii][* * *]:
[xxiii][Provided that in no case the amount of family pension calculated under this sub-section shall exceed the pension payable to the Judge under this Act.]
Explanation.—For the purposes of determining the person or persons entitled to family pension under this sub-section,—
(i) in relation to a Judge who elects or is eligible to receive pension under Part I of the First Schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the Central Civil Services, Group ‘A’, shall apply;
(ii) in relation to a Judge who elects to receive pension under [xxiv][* * *] Part III of the First Schedule, the ordinary rules of his service if he had not been appointed a Judge with respect to the person or persons entitled to family pension shall apply and his service as a Judge being treated as service therein.
(2) Where any Judge, who has elected to receive the pension payable to him under [xxv][* * *] Part III of the First Schedule, retires, or dies in circumstances to which Section 17 does not apply, gratuity, if any, shall be payable to the person or persons entitled thereto under the ordinary rules of his service if he had not been appointed a Judge, his service as a Judge being treated as service therein for the purpose of calculating that gratuity.]
(3) The rules, notifications and orders for the time being in force with respect to the grant of death-cum-retirement gratuity benefit to or in relation to an officer of the Central Civil Services, Class I (including the provisions relating to deductions from pension for the purpose) shall apply to or in relation to the grant of death-cum-retirement gratuity benefit to or in relation to a Judge who, being in service on or after the 1st day of October, 1974, retires, or dies in circumstances to which Section 17 does not apply, subject to the modifications that—
(i) the minimum qualifying service for the purpose of entitlement to the gratuity shall be two years and six months;
(ii) the amount of gratuity shall be calculated on the basis of [xxvi][ten days]’ salary for each completed [xxvii][six months period] of service as a Judge; [xxviii][* * *]
(iii) [xxix][* * *]
17-B. Additional quantum of pension or family pension.
[xxx]17-B. Additional quantum of pension or family pension.—Every retired Judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:—
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Age of Pensioner or Family Pensioner |
Additional quantum of pension or family pension |
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From eighty years to less than eighty-five years |
Twenty per cent. of basic pension or family pension |
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From eighty-five years to less than ninety years |
Thirty per cent. of basic pension or family pension |
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From ninety years to less than ninety-five years |
Forty per cent. of basic pension or family pension |
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From ninety-five years to less than hundred years |
Fifty per cent. of basic pension or family pension |
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From hundred years or more |
Hundred per cent. of basic pension or family pension.] |
18. Conversion of sterling pension into rupees.
18. Conversion of sterling pension into rupees.— [xxxi][* * *]
19. Commutation of pensions.
19. Commutation of pensions.—The Civil Pensions (Commutation) Rules for the time being in force shall, with necessary modifications, apply to Judges.
20. Provident Fund.
20. Provident Fund.—Every Judge shall be entitled to subscribe to the General Provident Fund (Central Services):
Provided that a Judge who [xxxii][* * *] has held any other pensionable civil post under the Union or a State shall continue to subscribe to the Provident Fund to which he was subscribing before his appointment as a Judge:
[xxxiii][* * *]
20-A. Deposit Linked Insurance Scheme.
[xxxiv][20-A. Deposit Linked Insurance Scheme.—The Deposit Linked Insurance Scheme for the time being in force under the General Provident Fund (Central Services) Rules, 1960, shall apply to every Judge whether he subscribes to the General Provident Fund (Central Services) or any other Provident Fund referred to in Section 20.]
21. Authority competent to grant pension.
21. Authority competent to grant pension.—Save as may be otherwise expressly provided in the relevant rules relating to the grant of extraordinary pensions and gratuities, the authority competent to grant pension to a Judge under the provisions of this Act shall be the President of India.
References
[i] Inserted by Act 18 of 1998, Section 4 (w.e.f. 1-1-1996).
[ii] Inserted by Act 18 of 1998, Section 4 (w.e.f. 1-1-1996).
[iii] Substituted for “ninety thousand rupees per mensem” by Act 10 of 2018, S. 2(a) (w.e.f. 1-1-2016).
[iv] Substituted for “eighty thousand rupees per mensem” by Act 10 of 2018, S. 2(b) (w.e.f. 1-1-2016).
[v] Substituted by Act 13 of 2016, S. 7(i) (w.e.f. 5-4-2016).
[vi] Inserted by Act 46 of 1958, Section 5 (w.e.f. 1-11-1956).
[vii] Substituted by Act 13 of 2016, S. 7(ii) (w.e.f. 5-4-2016).
[viii] Inserted by Act 13 of 2016, S. 8 (w.e.f. 1-4-2004).
[ix] Inserted by Act 35 of 1976, Section 2 (w.e.f. 1-10-1974).
[x] Omitted by Act 13 of 2016, S. 9(a) (i) (w.e.f. 5-4-2016).
[xi] The words “is not a member of the Indian Civil Service but” omitted by Act 13 of 2016, S. 9(a) (ii) (w.e.f. 5-4-2016).
[xii] The word “civil” omitted by Act 57 of 1980, Section 4 (with retrospective effect).
[xiii] The words “as the case may be, Part II or” omitted by Act 13 of 2016, S. 9(a) (iii) (w.e.f. 5-4-2016).
[xiv] Inserted by Act 35 of 1976, Section 2 (w.e.f. 1-10-1974).
[xv] The words “Part II or, as the case may be,” omitted by Act 13 of 2016, S. 9(b) (w.e.f. 5-4-2016).
[xvi] The words “Part II or” omitted by Act 13 of 2016, S. 10 (w.e.f. 5-4-2016).
[xvii] Inserted by Act 50 of 1961, Section 3 (with retrospective effect).
[xviii] Substituted by Act 38 of 1986, Section 3 (w.e.f. 1-11-1986).
[xix] Substituted for “sixty per cent of the pension admissible to him” by Act 7 of 2003, Section 2 (w.e.f. 1-1-1996).
[xx] Omitted by Act 23 of 2009, Section 3(a) (w.e.f. 1-1-2006).
[xxi] Substituted for “half of the family pension so admissible” by Act 7 of 2003, Section 2 (w.e.f. 1-1-1996).
[xxii] Omitted by Act 23 of 2009, Section 3(b) (w.e.f. 1-1-2006).
[xxiii] Inserted by Act 7 of 2003, Section 2 (w.e.f. 1-1-1996).
[xxiv] The words “Part II or” omitted by Act 13 of 2016, S. 11(a) (w.e.f. 5-4-2016).
[xxv] The words “Part II or” omitted by Act 13 of 2016, S. 11(b) (w.e.f. 5-4-2016).
[xxvi] Substituted for “twenty days” by Act 7 of 1999, Section 4 (w.e.f. 1-1-1996).
[xxvii] Substituted for “year” by Act 7 of 1999, Section 4 (w.e.f. 1-1-1996).
[xxviii] Omitted by Act 20 of 1988, Section 2 (w.e.f. 1-1-1986).
[xxix] Omitted by Act 20 of 1988, Section 2 (w.e.f. 1-1-1986).
[xxx] Inserted by Act 23 of 2009, Section 4 (w.e.f. 1-1-2006).
[xxxi] Omitted by Act 13 of 2016, S. 12 (w.e.f. 5-4-2016).
[xxxii] The words “is a member of the Indian Civil Service or” omitted by Act 13 of 2016, S. 13(a) (w.e.f. 5-4-2016).
[xxxiii] Omitted by Act 13 of 2016, S. 13(b) (w.e.f. 5-4-2016).
[xxxiv] Inserted by Act 38 of 1986, Section 4 (w.e.f. 5-9-1977).
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