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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



(1) The Central Government may, by notification in the Official Gazette, make rules a to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following mattes, namely:-

(a) leave of absence of a Judge, including special disability leave;

2*[(aa) The number of casual leaves and the conditions subject to which it may be allowed under sub-section (3) of section 3.]

(b) Pension payable to a Judge, including extraordinary pensions and gratuities;

(c) Travelling allowances to a Judge;

(d) Use of official residence by a Judge;

(e) Facilities for medical treatment and other conditions of service of Judge;

(f) Any other matter which has to be, or may be, prescribed.

1*[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

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1. Substituted by the Supreme Court Judges (Conditions of service) Amendment Act, 1976 (36 of 1976), Section 4 (w.r.e.f 1-10-1974).

2. Inserted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016.

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Nothing contained in this Act shall have effect so as to give to a Judge who is serving as such at the commencement of this Act less favourable terms in respect of his privileges and allowances or his rights in respect of leave of absence (including leave allowances) or pension than those to which he would have been entitled, if this Act had not been passed.

Schedule I

THE SCHEDULE
(See sections 13 and 14)
Pensions Of Judges

PART I

24*[1. The provisions of this Part apply to a Judge who has not held any other pensionable 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, having held any other pensionable posts 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 7*[omitted] 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 1 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;

(b) An additional amount of 19*[Rs. 12,180] per annum for each completed year of service as the Chief Justice of the Supreme Court until he has become entitled to a pension of 19*[Rs. 3,69,300] per annum, and thereafter an additional amount of 19*[Rs. 31,030] for each completed year of such service:

Provided that the aggregate amount of his pension shall in no case exceed 20*[Rs. 6,00,000] per annum.

3. The pension payable to any other Judge to whom this part applies 1*[omitted] shall be an amount equal to the pension which would have been payable to him in accordance with the scale and provisions in Part 1 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.

2*[Provided that the pension under this paragraph shall in no case exceed 14*[Rs. 5,40,000] per annum.]

4. If Judge of the Supreme Court who has served as an acting Chief Justice thereof 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. Where a Judge to whom this Part applies retires without being eligible for a pension under any other provision of this Part, then notwithstanding anything contained in the foregoing provisions, a pension of 15*[Rs. 64,030] per annum shall be payable to such a Judge:

Provided that nothing in this paragraph shall apply to a Judge who 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 under the Union or a State.

3[* * *]

25[* * *]

PART III

1. The provisions of this Part apply to a Judge who has held any pensionable 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 22*[Rs. 16,020] per annum in respect of each completed year of service for pension as a Judge in India 18 [***]

8*[Provided that the pension under clause(a) and the additional pension under clause (b) together shall in no case exceed 23*[Rs. 6,00,000] per annum in the case of a Chief Justice and 23*[Rs. 5,40,000] per annum in the case of any other Judge.]

9 [* * * * *]

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1. Omitted vide The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amdt Act, 2005 w.e.f 01.04.2004 for "and who has completed not less than seven years of service for pension as a Judge in India"

2. Inserted by High Court and Supreme Court (Conditions of Service) Amendment Act (20 of 1988), S.7 (w.r.e.f. 1-11-1986).

3. Paras 6 and 7omitted by High Court and Supreme Court (Conditions of Service) Amendment Act (20 of 1988), S. 7 (w.r.e.f. 1-11-1986).

4. Substituted for the figure "1,400" by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (20 of 1988), S. 7 (w.r.e.f. 1-11-1986).

5. Inserted by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (20 of 1988), S. 7 (w.r.e.f. 1-11-1986).

6. Para 3 omitted by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (20 of 1988), S. 7 (w.r.e.f. 1-11-1986).

7. Omitted vide The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amdt Act, 2005 w.e.f 01.04.2004 for "and who has completed not less than seven years of service for pension as a Judge in India"

8. Inserted by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (20 of1988), S. 7 (w.r.e.f 1-11-1986).

9. Paras 3 and 4omitted by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (20 of 1988), S. 7 (w.r.e.f 1-11-1986).

10. Substituted for "1 [1235]" 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. Substituted for "37,500" by the Supreme Court and High Court Judges (Conditions of Service) Amendment Act,1998. (7 of 1999) w.r.e.f 01.01.1996

12. Substituted for "1 [3150]" 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 The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amdt Act, 2005 w.e.f 01.04.2004.

13. Substituted for "Rs. 60,000" 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 The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amdt Act, 2005 w.e.f 01.04.2004.

14. Amended vide 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 The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amdt Act, 2005 w.e.f 01.04.2004. Again High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009.

15. Substituted for " Rs. 19,700"by The Supreme Court and High Court Judges (Conditions of Service) Amendment Act, 1998. (7 of 1999) w.r.e.f 01.01.1996

16. Substituted for "Rs. 4 [3,454" 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 The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amdt Act, 2005 w.e.f 01.04.2004.

17. Substituted for "Rs. 1,600"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 The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amdt Act, 2005 w.e.f 01.04.2004.

18. Words "but in no case such additional pension together with the additional or special pension, if any, to which he is entitled under the ordinary rules of his service shall exceed Rs. 7[8000] per annum." Omitted by The Supreme Court and High Court Judges (Conditions of Service) Amendment Act, 1998. (7 of 1999) w.r.e.f 01.01.1996.

19. Substituted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was

"Rs. 10[6,030], Rs. 11[1,82,820], and Rs. 12[15,360]"

20. Substituted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was

"13[Rs. 2,97,000] "

21. Substituted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was

"16[Rs.16,898]"

22. Substituted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was
"17[Rs. 7,800]"

23. Substituted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was

"13[Rs. 2,97,000] and 14[Rs. 2,70,000]"

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

"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 pensionable 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 to 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 this Part.

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

"PART II

1. 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 I.

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 21[Rs.33,795] per annum for each completed year service for pension in the Supreme Court:

5*[Provided that the pension under clause(a) and the additional pension under clause (b) together shall in no case exceed 13[Rs.2,97,000] per annum in the case of a Chief Justice and 14[Rs. 2,70,000] per annum in the case of any other Judge.]

6[* * * * *]"

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Last updated on August, 2016

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