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Section 1 – Supreme Court Judges (Salaries and Conditions of Service) Act,1958

Supreme Court Judges (Salaries and Conditions of Service) Act,1958

Section 1. Short title

41 of 1958

17th October,1958.

“Under clause (2) of Article 125 of the Constitution, every Judge of the Supreme Court is entitled to “such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament” but neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension can be varied to his disadvantage after appointment.

2. This Bill seeks to determine the rights of the Judges of the Supreme Court in respect of leave of absence, pension and other conditions of service.

3. At present, a Judge of the Supreme Court is entitled, during the whole period of his service in such Court, to leave on medical certificate on Rs. 1,110 per month, to leave otherwise than on medical certificate on Rs. 1,110 per month, and to extraordinary leave without allowances, in each case for a period of six months. It is now proposed to allow them the same leave terms as are admissible to High Court Judges with slight modifications. They will now earn leave on half allowances for a period equal to one-fourth of the time spent on actual service subject to a maxi- mum of three years during entire period of service, leave on full allowances being treated as double the period of leave on half allowances. The maximum amount of leave that may be granted at one time shall not exceed five months, in the case of leave on full allowances and six- teen months, in the case of leave on half allowances. The aggregate amount of leave on full al- allowances which may be granted to a Judge during the whole of period of service shall not exceed one-twenty-fourth of the period spent by him on actual service. Leave not due may also be granted to a Judge up to a specified limit with or without a medical certificate provided the Judge is expected to return to duty and earn such leave. Extraordinary leave without allowances may be taken up to a period of six months during the entire period of service. During leave on full allowances, the Judge will be paid full salary for the first 45 days of such leave and Rs. 2,220 per month for the remaining portion of such leave. During leave on half allowances, the Judge will get Rs. l,110/- per month.

4. No substantial change is proposed in the rates of pension hitherto admissible to the Judges of the Supreme Court. Rates of pension have, however, been expressed in Indian currency and not m sterling. Provision has also been made that a Judge would be entitled to a minimum pension of Rs. 7,500 per annum, if he is not entitled to any other pension.

5. Special provision has also been made to govern certain other subsidiary conditions of ser- vice, such as medical attendance facilities which are enjoyed by all Government servants and which, up to the commencement of the Constitution, were admissible to Judges of the Federal Court under paragraph 23 of the Government of India (Federal Court) Order,1937. These matters will now be provided for by rules to be made under the Bill.” -Gaz. of Iad.,1958, Extra.. Pt. n, S. 2, p. 977.An Act to regulate certain conditions of service of the Judges of (he Supreme Court.

BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:-

This Act may be called THE SUPREME COURT JUDGES 1[(Salaries and Conditions of Service)]ACT,1958.

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1. Substituted for “(CONDITIONS OF SERVICE) “, vide The High Court and Supreme Court Judges (Conditions of Service) Amendment Act,1998 (18 Of 1998), Dt. July 7,1998 Published in Received the assent of the President on July 7,1998, and published in the Gazette of India, Extra., Part II, Section 1, dated 7th July,1998, pp. 1-3, No. 35

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Supreme Court Judges (Salaries and Conditions of Service) Act,1958

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