Supreme Court Judges ( Salaries and Conditions of Service) Act,1958
Act No : 41
Section :
PENSIONS OF JUDGES.
THE SCHEDULE (See sections 13 and 14) PENSIONS OF JUDGES PART I 1. The provisions of this Part apply to a Judge who is not a member of the Indian Civil Service or has not held any other 1*[pensionable post] under the Union or a State and also apply to a person who was in service as a Judge on the 20th May, 1954, and to a Judge who being a member of the Indian Civil Service or having held any other 1*[pensionable post] under the Union or a State, has elected to receive the pension payable under this Part. 2. Subject to the provisions of this Part, the pension payable to a Chief Justice to whom this Part applies and who has completed not less than seven years of service for pension as a Judge in India shall be an amount equal to the sum of the following amounts, that is to say,- (a) an amount equal to the pension which would have been payable to him in accordance with the scale and provisions in Part I of the First Schedule to the High Court Judges (Conditions of Service) Act, 1954,(28 of 1954), if his service as a Judge had been rendered as the Chief Justice of a High Court ; (b) an additional amount of Rs.2*[1,235] per annum for each completed year of service as the Chief Justice of the Supreme Court until he has become entitled to a pension of Rs.2*[37,500] annum, and thereafter an addit- ional amount of Rs. 2*[3150] for each completed year of such service: Provided that the aggregate amount of his pension shall in no case exceed Rs. 60,000 per annum. 3. The pension payable to any other Judge to whom this Part applies and who has completed not less than seven years of service for pension as a Judge in India shall be an amount equal to the pension which would have been payable to him in accordance with the scale and provisions in Part I of the First Schedule to the High Court Judges (Conditions of Service) Act, 1954, (28 of 1954) if his service as a Judge had been rendered as a Chief Justice of a High Court. 2*["Provided that the pension under this paragraph shall in no case exceed R. 54,000 per annum."] 4. If a Judge of the Supreme Court who has serve as an acting Chief Justice thereof is subsequently appointed Chief Justice, his ser- ---------------------------------------------------------------------- 1 Subs. by Act 57 of 1980, s. 9, for "pensionable civil post" (retrospectively). 2 Subs and added by Act 2 of 1988, S, of (w.e.f. 1-11-1986). ---------------------------------------------------------------------- 56 vice as acting Chief Justice shall, for the purposes of paragraph 2 of this Part, be treated as service as Chief Justice. 5. Where a Judge to whom this Part applies retires without being eligible for a pension under any other provision of this Part, then, notwithstanding anything contained in the foregoing provisions, a pension of Rs. 1*[19,700] per annum shall be payable to such a Judge: Provided that nothing in this paragraph shall apply to a Judge who 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 under the Union or a State. PART II 1. The provisions of this Part apply to a Judge who is a member of the Indian Civil Service and who has not elected to receive the pension payable under Part I. 2. The pension payable to such a Judge shall be- (a)the pension to which he is entitled under the ordinary rules of the Indian Civil Service if he had not been appointed a Judge, his service as a Judge, in India being treated as service therein, and (b) an additional pension of Rs.1*[3,454] per annum for each completed year of service for pension in the Supreme Court: 1*["Provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed Rs. 60,000 per annum in the case of a Chief Justice and Rs. 54,000 per annum in the case of any other Judge.] ---------------------------------------------------------------------- 1 Subs. and omitted by Act 20 of 1988, S 7 (w.e.f. 1-11-1986) ---------------------------------------------------------------------- 56A PART III 1. The provisions of this Part apply to a Judge who has held any 1* [pensionable post] under the Union or a State (but is not a member of the Indian Civil Service) and who has not elected to receive the pension payable under Part 1. 2. The pension payable to such a Judge shall be- (a) the pension to which he is entitled under the ordinary rules of his service if he had not been appointed a Judge, his service as a Judge in India being treated as service therein for the purpose of calculating that pension ; and (b) a special additional pension of Rs. [16,000] per annum respect of each completed year of service for pension as a Judge in India but In no case such additional pension together with the additional or special pension, if any, to which he is entitled under the ordinary rules of his service shall exceed Rs.[8,000] per annum; 2*["4.Provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed Rs. 60,000 per annum in the case of a Chief Justice and Rs. 54,000 per annum in the case of any other Judge"]; ----------------------------------------------------------------------- 1 Subs. by Act 7 of 1980 9 for "pensionable civil post" (retrospectively). 2 Omitted, subs. and his. by Act 20 of 1988, S. 7 (w.e.f. 1-11-1986) -----------------------------------------------------------------------
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