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THE HIGH COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1954

Title : THE HIGH COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1954

Year : 1954



1*Subject to the provisions of this Act, every Judge shall, on his retirement, be paid a pension in accordance with the scale and provisions in Part I of the First Schedule :

Provided that no such pension shall be payable to a Judge unless-

3*(a) He has completed not less than twelve years of service for pension; or

4[(b) He has attained the age of sixty-two years; or]

(c) His retirement is medically certified to be necessitated by ill-health;

2*[Provided further that if a Judge at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service in the Union or a State, the pension payable under this Act shall be in lieu of, and not in addition to, that pension.]

5*[Explanation.- In this section "Judge" means a Judge who has not held any other pensionable post under the Union or a State and includes a Judge who having held any other pensionable post under the Union or a State has elected to receive the pension payable under Part I of the First Schedule.]

14A - Benefit of added years of service

Subject to the provisions of this Act, a period of ten years shall be added and shall be deemed to have been added from the 1st day of April, 2004 for the purposes of pension, to the service of a Judge who is appointed as such Judge under sub-clause (b) of clause (2) of article 217 of the Constitution.".

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1. Substituted for "sixty years" by Act 27 of 1964, Section 2 (w.r.e.f. 5-10-1963).

2. Inserted by the High Court Judges (Conditions of Service) Amendment Act, 1958 (46 of 1958), Section 5 (w.r.e.f. 1-11-1956).

3. Substituted, and deemed always to have been substituted, for the words "Pension able Civil Post" by High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1980 (57 of 1980), Section 4.

4. Substituted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, for the following:-

"(b) he has attained the age of sixty-two years; or"

5. Substituted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, for the following:-

"Explanation.- In this section, 'Judge' means a Judge who is not a member of the Indian Civil Service or has not held any other pension able post under the Union or a State and includes a Judge who being a member of the Indian Civil Service or having held any other pension able post under the Union or a State has elected to receive the pension payable under Part I of the First Schedule."

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1*[(1) Every Judge-

3[* * *]

(b) Who 4[* * *] has held any other 2[pensionable post] under the Union or a State, shall, on his retirement, be paid a pension in accordance with the scale and provisions in Part III of the First Schedule :

Provided
that every such Judge shall elect to receive the pension payable to him either under Part I of the First Schedule or, 5[***] Part III of the First 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 6[* * *] Part III of the First Schedule before the date on which the High Court Judges (Conditions of Service) 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 First Schedule and any such Judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favourable in his case.]

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1. Section 15, renumbered as sub-section (1) thereof and after so renumbered sub-section new sub-section (2) inserted by Act 35 of 1976, Section 2 (w.r.e.f. 1-10-1974).

2. Substituted and deemed always to have been substituted, for the words 'pension able civil service' by Act 57 of 1980, Section 4.

3. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-

"(a) who is a member of the Indian Civil Service shall, on his retirement, be paid a pension in accordance with the scale and provisions in Part II of the First Schedule;"

4. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-
"is not a member of the Indian Civil Service but"

5. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-
"as the case may be, Part II or"

6. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-
"Part II or, as the case may be,"

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The President of India may for special reasons direct that any period not exceeding three months shall be added to the service for pension of a Judge:

Provided that the period so added shall be disregarded in calculating any additional pension under Part I or 1[* * *] Part III of the First Schedule.

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1. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-
"Part II or"

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The rules for the time being in force with respect to the grant of extraordinary pensions and gratuities in relation to an officer of the Central Civil Services, Class I, who has entered service on or after the 1st April, 1937, and who may suffer injury or die as a result of violence, shall apply in relation to a Judge, subject, however, to the modification that references in those rules to tables of injury, gratuities and pensions, and of family gratuities and pensions, shall be construed as references to the tables in the Second Schedule.

17A - 1*Family pensions and gratuities

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, dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated at the rate of 3*[4*[fifty percent of his Salary 10[***]] 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, 5*[and thereafter at the rate of thirty per cent. of his salary 11[***]

7*[Provided 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.]

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 First Schedule, the rules, notifications and orders for the time being inforce 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 12[* * *] Part III of the First 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.

(2) Where any Judge, who has elected to receive the pension payable to him under 12[* * *] Part III of the First Schedule, retires, or dies in circumstances to which section 17 does not apply, gratuity if any, shall be payable to the person or persons entitled thereto under the ordinary rules or his service if he had not been appointed a Judge, his service as a Judge being treated as service therein for the purpose of calculating that gratuity.]

(3) The rules, notifications and orders for the time being in force with respect to 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 or 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 17 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;
8[***]

(iii) The maximum amount of gratuity payable shall be 9[fifty thousand rupees].

Explanation.- In 9*[sub-section(3)], the expression "Judge" has the same meaning as in section 14.]

17B - Additional quantum of persion or family persion

Every retired Judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:

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Age of Pensioner or family Pensioner    Additional quantum of pension or family pension.
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From eighty years to less than eighty-five years    Twenty per cent, of basic pension or family pension

From eighty-five years to less than ninety years    Thirty per cent, of basic pension or family pension

From ninety years to less than ninety-five years    Forty per cent, of basic pension or family pension

From ninety-five years to less than hundred years    Fifty per cent, of basic pension or family pension

From hundred years or more    Hundred per cent, of basic pension or family pension.".

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1. Inserted and deemed always to have been so inserted by Act 50 of 1961, S. 3.

2. Substituted by the H. C. and S.C. Judges (Conditions of Service) Amendment Act (38 of 1986), S. 3 (1-11-1986).

3. Substituted for "fifty per cent of the pension admissible to him" by High Court Judges (Salaries And Conditions Of Service) Amendment Act, 2002 (7 of 2003) w.e.f. 01.01.1996.

4. Substituted as "fifty percent" by The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 1998. (7 of 1999) w.r.e.f. 01.01.1996. Again Amended vide High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act 2005 w.e.f 01.01.2004.

5. Substituted for "and thereafter at the rate of half of the family pension so admissible" by High Court Judges (Salaries And Conditions Of Service) Amendment Act, 2002 (7 of 2003) w.e.f. 01.01.1996. Again Amended vide High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act 2005 w.e.f 01.01.2004.

6. Substituted for "three hundred and seventy-five rupees" by The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 1998. (7 of 1999) w.r.e.f. 01.01.1996. Again Amended vide High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act 2005 w.e.f 01.01.2004 for "twelve hundred and seventy five rupees per month"

7. Inserted by High Court Judges (Salaries And Conditions Of Service) Amendment Act, 2002 (7 of 2003) w.e.f. 01.01.1996

8. Word "and" occurring at end of cl. (ii) and cl. (ii) omitted by the H. C. and S. C. Judges (Conditions of Service) Amendment Act (20 of 1988), S. 2 (w.r.e.f. 1-1-1986).

9. Substituted for the words "thirty thousand rupees" in cl. (iii) and words "sub-sections (2) and (3)" in Explanation by the H. C. and S. C. Judges (Conditions of Service) Amendment Act (38 of 1986), S. 3 (1-11-1986).

10. Omitted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was
"plus fifty percent of his dearness pay"

11. Omitted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was
"plus thirty percent of his dearness pay subject to a minimum of one thousand nine hundred and thirteen rupees per month."

12. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-
"Part II or

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2[* * *]

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1. Proviso omitted by the High Court Judges (Conditions of Service) Act, 1958 (46 of 1958), Section 6 (w.r.e.f. 1-11-1956).

2. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-

"Conversion of sterling pension into rupees

Pensions expressed in sterling only shall, if paid in India, be converted into rupees at such rate of exchange as the Central Government may, from time to time, specify in this behalf:

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The Civil Pensions (Commutation) Rules for the time being in force shall, with necessary modifications, apply to Judges.



Every Judge shall be entitled to subscribe to the General Provident Fund (Central Services):

Provided that a Judge who 1[* * *] has held any other pensionable civil post under the Union or a State shall continue to subscribe to the Provident Fund to which he was subscribing before his appointment as a Judge :

2[* * *]

20A - 3*Deposit Linked Insurance Scheme

The Deposit Linked Insurance Scheme for the time being in force under the General Provident Fund (Central Services) Rules, 1960, shall apply to every Judge whether he subscribed to the General Provident Fund (Central Services) or any other Provident Fund referred to in section 20.]

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1. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-
"is a member of the Indian Civil Service or"

2. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-

"Provided further that a Judge who was appointed before the commencement of this Act may continue to subscribe to the Provident Fund to which he was subscribing immediately before such commencement."

3. Inserted and deemed to have been inserted w.e.f. 5-9-1977 by H. C. and S. C. Judges (Conditions of Service) Amendment Act (38 of 1986), Section 4.

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Save as may be otherwise expressly provided in the relevant rules relating to the grant of extraordinary pensions and gratuities, the authority competent to grant pension to a Judge under the provisions of this Act shall be the President of India.
Last updated on July, 2016

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