Chapter II
LEAVE
3. Kinds of leave admissible to a Judge.
3. Kinds of leave admissible to a Judge.—(1) Subject to the provisions of this Act, leave granted to a Judge may be at his option either—
(a) leave on full allowances [i][(including commuted leave on half allowances into leave on full allowances on medical certificate)]; or
(b) leave on half allowances; or
(c) leave partly on full allowances and partly on half allowances.
(2) For the purposes of this Chapter, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances.
[ii][(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendar year, for such number of days and subject to such conditions as may be prescribed.]
4. Leave account showing the amount of leave due.
4. Leave account showing the amount of leave due.—(1) A leave account shall be kept for each Judge showing therein the amount of leave due to him in terms of leave on half allowances.
(2) In the leave account of a Judge—
(a) there shall be credited to him—
(i) one-fourth of the time spent by him on actual service; [iii][* * *]
(ii) where the Judge, by reason of his having been detained for the performance of duties not connected with the High Court, cannot enjoy any vacation which he would otherwise have been entitled to enjoy had he not been so detained, as compensation for the vacation not enjoyed, a period equal to double the period by which the vacation enjoyed by him in any year falls short of one month; and
[iv][(iii) where the Judge had, prior to his appointment as such, held any pensionable post under the Union or a State, the period of leave earned by him in the said post, [v][* * *]; and]
(b) there shall be debited to him all leave with allowances taken by him.
4-A. Leave encashment.
[vi][4-A. Leave encashment.—A Judge shall be entitled in his entire service, including the period of service rendered in a pensionable post under the Union or State or on re-employment, if any, to claim the cash equivalent of leave salary on his retirement [vii][in respect of the period of leave at his credit, calculated on full allowances basis,] to the extent of the maximum period prescribed for encashment of such leave under the All-India Services (Leave) Rules, 1955.]
5. Aggregate amount of leave which may be granted.
5. Aggregate amount of leave which may be granted.—(1) The aggregate amount of leave which may be granted to a Judge during the whole period of his service as such shall not exceed in terms of leave on half allowances three years together with the aggregate of the periods, if any, credited to his leave account under sub-section (2)(a)(ii) of Section 4 as compensation for vacation not enjoyed.
(2) The aggregate amount of leave on full allowances which may be granted to a Judge during the whole period of his service as such shall not exceed one-twenty-fourth of the period spent by him on actual service together with one-half of the aggregate periods, if any, credited to his leave account under sub-section (2)(a)(ii) of Section 4 as compensation for vacation not enjoyed.
(3) [viii][Subject to the provisions of sub-section (2) of Section 5-A,] the maximum period of leave which may be granted at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months.
5-A. Commutation of leave on half allowances into leave on full allowances.
[ix][5-A. Commutation of leave on half allowances into leave on full allowances.—(1) Notwithstanding anything contained in sub-section (2) of Section 5, a Judge may be permitted to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his service as a Judge.
(2) In computing the maximum period of leave on full allowances which may be granted at one time to a Judge under sub-section (3) of Section 5, the amount of commuted leave permitted to him under this section shall not be taken into account.]
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Other Contents of High Court Judges (Salaries and Conditions of Service) Act, 1954 |
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Chapter I- PRELIMINARY |
6. Grant of leave not due.
6. Grant of leave not due.—Subject to the maximum limit specified in sub-section (1) of Section 5, leave on half allowances may be granted to a Judge in excess of the amount at his credit—
(i) on medical certificate; or
(ii) otherwise than on medical certificate, for not more than six months [x][or for two or more periods, not exceeding in the aggregate, six months] during the whole period of his service as a Judge:
Provided that no such leave shall be granted if the Judge is not expected to return to duty at the end of such leave and earn the leave granted.
7. Special disability leave.
7. Special disability leave.—The rules for the time being in force with respect to the grant of special disability leave in relation to an officer of the Central Civil Services, Class I who has entered service on or after the 16th July, 1931 and who may be disabled by injury caused in, or in consequence of, the due performance of his official duties or in consequence of his official position, shall apply in relation to a Judge.
8. Extraordinary leave.
8. Extraordinary leave.—Extraordinary leave [xi][may be granted to a Judge for a period not exceeding six months, or for two or more periods, not exceeding in the aggregate, six months] during the whole period of his service as a Judge in excess of any leave permissible under the foregoing provisions of this Chapter, but no salary or allowances shall be payable during, or in respect of, such leave.
9. Leave allowances.
[xii][9. Leave allowances.—The monthly rate of leave salary payable to a Judge shall be in accordance with the provisions of sub-section (1) of Section 3.]
10. Allowances for joining time.
10. Allowances for joining time.— [xiii][* * *]
11. Combining leave with vacation.
11. Combining leave with vacation.—A Judge may be permitted to combine vacation on full salary with leave, if—
(a) where the vacation consists of one continuous period, the leave is taken either at the commencement or at the end of the vacation but not at both;
(b) where the vacation is divided into two separate periods, the leave is taken for the interval, or part of the interval, between the two periods of that vacation, or for the interval, or part of the interval, between the second period of that vacation and the commencement of the next ensuing vacation:
Provided that no such permission to combine vacation with leave shall be granted if it becomes necessary to appoint an acting Chief Justice during the period of vacation or if the Judge is not expected to return to duty at the end of such leave.
12. Consequences of overstaying leave or vacation.
12. Consequences of overstaying leave or vacation.—If a Judge overstays his leave or any vacation, whether combined with leave or not, he shall receive no salary for the period of his absence in excess of leave granted to him or beyond the end of the vacation, as the case may be:
Provided that if such absence is due to circumstances beyond his control, the period thereof may be treated as leave and may be debited to his leave account.
13. Authority competent to grant leave, etc.
13. Authority competent to grant leave, etc.—The authority competent to grant or refuse leave to a Judge or revoke or curtail leave granted to a Judge shall be the Governor of the State in which the principal seat of the High Court is situate, after consultation with the Chief Justice of that High Court.
References
[i] Inserted by Act 78 of 1971, Section 3 (w.e.f. 15-1-1972).
[ii] Inserted by Act 13 of 2016, S. 3 (w.e.f. 5-4-2016).
[iii] The word “and” omitted by Act 38 of 1986, Section 2 (w.e.f. 1-11-1986).
[iv] Inserted by Act 38 of 1986, Section 2 (w.e.f. 1-11-1986).
[v] Omitted by Act 7 of 1999, Section 2.
[vi] Inserted by Act 7 of 1999, Section 3.
[vii] Substituted for “in respect of the period of earned leave at his credit” by Act 13 of 2016, S. 4 (w.e.f. 5-4-2016).
[viii] Inserted by Act 78 of 1971, Section 4 (w.e.f. 15-1-1972).
[ix] Inserted by Act 78 of 1971, Section 5 (w.e.f. 15-1-1972).
[x] Substituted for “and not more than once” by Act 46 of 1958, Section 3 (w.e.f. 1-11-1956).
[xi] Substituted for “not exceeding six months in duration may be granted to a Judge not more than once” by Act 46 of 1958, Section 4 (w.e.f. 1-11-1956).
[xii] Subs by Act 13 of 2016, S. 5 (w.e.f. 5-4-2016).
[xiii] Omitted by Act 13 of 2016, S. 6 (w.e.f. 5-4-2016).
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