Supreme Court Judges (Salaries and Conditions of Service) Act,1958
Section 16A. Family pension and gratuity
1-2(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,-
(a) dies before retirement, 3[“family pension calculated at the rate of fifty per cent of his salary”11[plus fifty per cent of his dearness pay]] 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, 4[and thereafter at the rate of thirty per cent of his salary”12[plus thirty per cent of his dearness pay]]; and
(b) dies after retirement, 5[“family pension shall be thirty per cent of his salary”13[plus thirty per cent of his dearness pay]] to him shall be payable to the person third persons entitled thereto.
Explanation
For the purposes of determining the person or persons entitled to family pension under this sub-section,-
(i) in relation to a Judge who elects or is eligible to receive pension under Part I of the 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 Schedule, the ordinary rules of his service if he 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.
6Provided that in no case the amount of family pension calculated under this sub-section shall exceed the pension payable to the Judge under this Act.
(2) The rules, notifications and orders for the time being in force with respectto the grant of death-cum-retirement gratuity benefit to or in relation to an officer of the Central Civil Services, Class 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 16-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 7[ten day’s] salary for 8[each completed six months period] of service as a Judge; and
(iii) The maximum amount of gratuity payable shall be 9[fifty thousand rupees.]
Explanation
10[In sub-section (2)] the expression “Judge” has the same meaning as insection 13-.]
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1. Inserted by the Supreme Court Judges (Conditions of Service) Amendment Act,1976 (36 of 1976), S. 3 (w.r.e.f. 1-10-1974).
2. Substituted in section 16-A for subsection (1) by THE HIGH COURT AND SUPREME COURT JUDGES (CONDITIONS OF SERVICE) AMENDMENT ACT,1986 (38 of 1986) dated 26th August,1986
3. In Section 16A sub-section (1) clause (a) the words “family pension calculated at the rate of sixty per cent of the pension admissible to him” shall be substituted by Supreme Court Judges (Salaries and Conditions of Service) Amendment Act,2002 (Act 8 of 2003), published in the Gazette of India, Extra.. Pan II. Section I, dated 7th January,2003, pp. 1-2. No. X
4. In Section 16A sub
-section (1) cla use (a) the words “and thereafter at the rate of half of the family pension so admissible” shall be substituted by Supreme Court Judges (Salaries and Conditions of Service) Amendment Act,2002 (Act 8 of 2003), published in the Gazette of India, Extra. Pan II. Section I, dated 7th January,2003, pp. 1-2. No. X
5. In Section 16A sub-section (1) clause (b) the words shall be substituted by Supreme Court Judges (Salaries and Conditions of Service) Amendment Act,2002 (Act 8 of 2003), published in the Gazette of India, Extra.. Pan II. Section I, dated 7th January,2003, pp. 1-2. No. X
6. In Section 16A sub-section (1) proviso shall be inserted by Supreme Court Judges (Salaries and Conditions of Service) Amendment Act,2002 (Act 8 of 2003), published in the Gazette of India, Extra. Pan II. Section I, dated 7th January,2003, pp. 1-2. No. X
7. Substituted for “twenty days” in clause (ii) of sub-section (2) of section 16-A by the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act,1998 (7,1999) dated 8, January,1999
8. Substituted for “each completed year” in clause (ii) of sub-section (2) of section 16-A by the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act,1998 (7,1999) dated 8, January,1999
9. Substituted “thirty thousand rupees” in section 16-A for sub-section (2) of clause (iii) by THE HIGH COURT AND SUPREME COURT JUDGES (CONDITIONS OF SERVICE) AMENDMENT ACT,1986 (38 of 1986) dated 26th August,1986
10. Substituted “In this section” in Explanation of section 16-A by THE HIGH COURT AND SUPREME COURT JUDGES (CONDITIONS OF SERVICE) AMENDMENT ACT,1986 (38 of 1986) dated 26th August,1986
11. Inserted by Act No. 46 of 2005 w.e.f. 15-9-2005.
12. Inserted by Act No. 46 of 2005 w.e.f. 15-9-2005.
13. Inserted by Act No. 46 of 2005 w.e.f. 15-9-2005.
Supreme Court Judges (Salaries and Conditions of Service) Act,1958
