High Court Judges (Salaries and Conditions of Service) Act,1954
Act No : 28
Section :
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. 1*[17Family pensions and gratuities. (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 fifty per cent of the pension admissible to him 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 half of the family pension so admissible subject to a minimum of three hundred and seventy-five rupees per months . Explanation.-For the purposes of determining the person or persons entitled to family pension tinder 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 Part II or Part III of the First Schedule, the ordinary rules of his service if be 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 Part II or 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, this 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 bene- fit to or in relation to an officer of the Central Civil Services, Cl- ass 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 twenty days' salary for each completed year of service as a Judge; ---------------------------------------------------------------------- 1 Subs. by Act 38 of 1986, s.3 (w.e.f. 1-11-1986). 3 Omitted by ACt 20 of 1988, s2, (w.e.f. 1-11-1986). 2 Subs. by Act 32 of 1989, s.4 (w.e.f. 1-11-1986). ---------------------------------------------------------------------- 39 Explanation.-In sub-section (3)] 3*the expression "Judge" has the same meaning as in section 14.]
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