Supreme Court Judges (Salaries and Conditions of Service) Act,1958
Section 14. Special provisions for pension In respect of Judges who are members of service
1[(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 provisions of Part II of the Schedule;
(b) who is not a member of the Indian Civil Service but has held any other pension able civil 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: 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 III 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 Ser-vice) Amendment Act,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, a hall be deem-ed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favorable in his case.]
1. Section 14 renumbered as sub-section (1) and sub-section (2) inserted by the Supreme Court Judges (Conditions of Service) Amendment Act,1976 (36 of 1976), S. 2 (w.r.e.f. 1-10-197.4).