Supreme Court Judges ( Salaries and Conditions of Service) Act,1958
Act No : 41
Section :
Special Provisions for pension in respect of Judges who are membersof service.
14.Special Provisions for pension in respect of Judges who are members of service. 2 [(1) Every Judge- (a) who is a member of the Indian Civil Service shall, on his retirement, be paid a pension in accordance with the pro- visions of Part II of the Schedule ; (b) who is not a member of the Indian Civil Service but has held any other 1*[pensionable post] under the Union or a State shall, on his retirement, be paid a pension in accordance with the provisions of Part III of the Schedule; ---------------------------------------------------------------------- 1 Subs. by Act 57 of 1980, s. 9, for "pensionable civil post" (retrospectively 2 S. 14 renumbered as sub-section (1) thereof by Act 36 of 1976, s. 2 (w.e.f. 1-10-1974). ---------------------------------------------------------------------- 51 Provided that every such Judge shall elect to receive the pension payable to him either under Part I of the Schedule or, as the case may be, Part II or Part Ill of the Schedule, and the pension payable to him shall be calculated accordingly. 1*[(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 Part II or, as the case may be, Part III of the Schedule before the date on which the Supreme Court Judges (Conditions of Service) Amendment Act, 1976.(36 of 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 Schedule and any such Judge who dies before the date of such assent, shall deemed to have elected afresh to be governed by the provisions of said Part I if the provisions of that Part are more favourable in his case.]
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