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THE SUPREME COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1958

Title : THE SUPREME COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1958

Year : 1958



Subject to the provisions of this Act, a pension shall be payable in accordance with the provisions of Part I of the Schedule to a Judge of the Supreme Court on his retirement, if, but only if,-

(a) 1*[Omitted]

(b) He has attained the age of sixty-five years; or

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

2*[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 person who was in service as a Judge on the 20th May, 1954, and also includes a Judge having held any other pensionable post under the Union or a State, who has elected to receive the pension payable under Part I of the Schedule.]

13A - Benefit of added years of service

3* Subject to the provisions of this Act, a period of ten years shall be added to the service of a Judge for the purposes of his pension, who qualified for appointment as such judge under sub-clause (b) of clause (3) of article 124 of the Constitution.

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1.Omitted vide The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amdt Act, 2005. Previous text was " he has completed not less than seven years of service for pension as a Judge in India; w.e.f01.04.2004."

2. 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 pensionable civil post under the Union or a State and includes a person who was in service as a Judge on the 20th May, 1954, and also includes a Judge who being a member of the Indian Civil Service or having held any other pensionable civil post under the Union or a State has elected to receive the pension payable under Part I of the Schedule."

3.Inserted vide High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 1958 w.e.f 01.04.2004.

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2*[(1) Every Judge who has held any other pensionable 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 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 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 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 14 renumbered as sub-section (2) inserted by the Supreme Court Judges (Conditions of Service) Amendment Act, 1976 (36 of 1976), Section.2 (w.r.e.f 1-10-1974).

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

"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 pensionable 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.

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The President may, for special reason, direct that any period not exceeding three months shall be added to the service for pension of a Judge, and any such period so added shall count for pension purposes-

(a) In the case of a Judge who has served in the Supreme Court as Chief Justice, as service as Chief Justice and

(b) In the case of any other Judge, as service as any other Judge.



Extraordinary pensions and gratuities may be granted to a Judge under such circumstances and on such scales as may be prescribed.

16A -1* Family pension and gratuity

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 14*[Plus thirty per cent. of his dearness pay] of his salary ] 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]; and

6*[(b) Dies after retirement on attaining the age of sixty-five years, 7*[family pension shall be thirty per cent of his salary 13[***]] and shall be payable to the person or persons entitled thereto;

(c) Dies after retirement after seeking premature retirement and before attaining the age of sixty-five years, family pension shall be calculated at the rates specified in clause (a) shall be payable to the person or persons entitled thereto.]

8*[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.-Forth 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 order 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 15[*] 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.]

(2) 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 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 9[ten days] salary for 10[each completed six months period] of service as a Judge 11[***]

11 [*****]

Explanation.-12*[In sub-section(2)] the expression "Judge" has the same meaning as in section 13.]

16B - Additional quantum of pension 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 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 by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (38of 1986), S. 8 (1-11-1986).

3. Substituted for "family pension calculated at the rate of fifty per cent of the pension admissible to him" by The supreme court judges (salaries and conditions of service) amendment act, 2002(8 of 2003) w.e.f 01.01.1996.

4. Substituted for "fifty percent." by The Supreme Court and High Court Judges (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, 1958 w.e.f 01.04.2004.

5. Substituted for "and thereafter at the rate of half of the family pension so admissible" by The supreme court judges (salaries and conditions of service) amendment act, 2002 (8 of 2003) w.e.f 01.01.1996.

6. Substituted, by the Supreme Court Judges (Conditions of Service) Amendment Act, 1976 (36 of1976), S.3 (w.r.e.f. 1-10-1974) (32 of 1989), S.7.

7. Substituted for "family pension shall be twenty-five per cent of the pension admissible" by The supreme court judges (salaries and conditions of service) amendment act, 2002 (8 of 2003) w.e.f 01.01.1996. Again amended vide High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 1958 w.e.f 01.04.2004.

8. Inserted by The supreme court judges (salaries and conditions of service) amendment act, 2002 (8 of 2003) w.e.f 01.01.1996.

9. Substituted for "twenty days" by The Supreme Court and High Court Judges (Conditions of Service) Amendment Act, 1998. (7 of 1999) w.r.e.f 01.01.1996.

10. Substituted for "each completed year" by The Supreme Court and High Court Judges (Conditions of Service) Amendment Act, 1998. (7 of 1999) w.r.e.f 01.01.1996.

11. Word "and" and clause (iii) omitted by the Supreme Court Judges (Conditions of Service) Amendment Act, 1976 (36 of 1976), S.3 (w.r.e.f. 1-10-1974) (20 of 1988), S.5 (w.r.e.f. 1-1-1986).

12. Substituted for the words "in this section" by the Supreme Court Judges (Conditions of Service) Amendment Act, 1976 (36 of 1976), S.3 (w.r.e.f. 1-10-1974).

13. Omitted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was
"plus thirty per cent of his dearness pay"

14. Omitted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009.

15. 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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If, at the time of his appointment to the Supreme Court, a Judge is in receipt of a pension in respect of any previous service either as a Judge of a High Court or in any other pensionable civil post under the Union or a State, the pension payable to him under this Act shall be an additional pension for service in the Supreme Court equal to the difference between his original pension and the pension to which he would have been entitled under this Act, if his service in the Supreme Court had been rendered in continuation of the previous service for which his original pension was granted.



1[* * *]

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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:-

"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 the General Provident Fund (Central Service):

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:

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.

20A -2* 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 subscribes 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. Inserted by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (20 of 1988), S. 6 (w.r.e.f. 1-11-1986) (2 of 1994), Section.3 (w.r.e.f. 1-4-1986).

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Last updated on August, 2016

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