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

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

Schedule

PENSIONS OF JUDGES

(See sections 13-and14)

PART 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 pension able civil 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 pension able civil 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 1[***] 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, if his service as a Judge had been render-ed as the Chief Justice of a High Court;

(b) an additional amount of Rs. 2[6030] per annum for each completed year of service as the Chief Justice of the Supreme Court until he has become entitled to a pensionof Rs. 2[1,82,820] per annum, and thereafter an additional amount of Rs. 2[15,360] for each completed year of such service:

Provided that the aggregate amount of his pension shall in no case exceed Rs, 2[2,97,000] perineum.

3

The pension payable to any other Judge to whom this part applies and 1[***] 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, if his service as a Judge had been rendered as the Chief Justice of a High Court.

Provided that the pension under this paragraph shall in no case exceed Rs. 2[2,70,000] per annum.

4

If a Judge of the Supreme Court who has served as an acting Chief Justice there-of is subsequently appointed Chief Justice, his service as acting Chief Justice shall, for the purposes of paragraph 2 of this Part, be treated as service as Chief Justice.

5

3[***]

PART 2

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 1.

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. 2[16,898] per annum for each completed year of service for pension in the Supreme Court:

Provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed Rs. 2[2,97,000] per annum in the case of a Chief Justice and Rs. 2[2,70,000] per annum in the case of any other Judge.

PART 3

The provisions of this Part apply to a Judge who has held any pension able civil 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. 2[7800] per annum in respect of each completed year of service for pension as a Judge in India

“Provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed Rs. 2[2,97,000 per annum in the case of the Chief Justice and Rs. 2[2,70,000] per annum in the case of any other Judge.”]

——————–

1. The words “and who has completed not less than seven years of service for pension as a Judge in India” Omitted by Act No. 46 of 2005 w.e.f. 15-9-2005.

2. Subs. by Act No. 46 of 2005 w.e.f. 15-9-2005.

3. Paragraph 5 omitted by Act No. 46 of 2005 w.e.f. 15-9-2005.

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

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