Appendix D

The High Court Judges 1[Salaries and

Conditions of Service] Act, 1954
The High Cou rt Judge s [Salarie s and C onditions of Service] Act, 195 4

(Act No. 28 of 1954)

CONTENTS

1.
2.

CHAPTER 1
Preliminary
Short title.
Definitions.
CHAPTER II
Leave

3.
4.
5.
5A.
6.
7.
8.
9.
10.
11.
12.
13.

Kinds of leave admissible to a Judge.

Leave account showing the amount
of leave due.
Aggregate amount of leave which
may be granted.
Commutation of leave on half of
allowances into leave on full
allowances.
Grant of leave not due.
Special disability leave.
Extraordinary leave.
Leave allowances.
Allowances for joining time.
Combining leave with vacation.
Consequences of overstaying leave
or vacation.
Authority competent to grant leave,
etc.
CHAPTER III
Pensions

18.

Conversion of sterling pension into

rupees.
19. Communication of pensions.
20. Provident Fund.
20A. Deposit Linked Insurance Scheme.
21. Authority competent to grant
pension.
CHAPTER IV
Miscellaneous
22.
22A.
22B.
22C.
22D.

Travelling allowances to a Judge.

Facility of rent free houses.
Conveyance facilities.
Sumptuary allowance.
Exemption from liability to pay
income-tax on certain perquisites
received by a Judge.
23. Facilities for medical treatment and
other conditions of service.
23-A. Vacation of High Courts.
23-B. Special provisions in respect of
continuing Judges.
23-C. Special provisions in respect of
Judges transferred from the High
Court of Jammu and Kashmir.
23-D. Medical facilities for retired Judges.
24. Power to make rules.
25. Savings.

14.
15.

Pension payable to Judges.

Special provision for pension in
SCHEDULES
respect of Judges who are members
The First Schedule-Pensions of Judges
of service.
The Second Schedule-Injury Gratuities
16. Power of President to add to the
Pensions.
service for pension.
17. Extraordinary pensions.
17-A. Family Pensions and Gratuities.
_______________
1[1]. Substituted for (Conditions of Service) by Act No. 18 of 1998 (w.e.f. 1-1-1996).

**]

An Act to regulate 1[1][Salaries and certain conditions of service) of the Judges of High Court 2[2][
Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:

CHAPTER I
PRELIMINARY
1. Short title.This Act may be called The High Court Judges 3[3](Salaries and Conditions of
Service) Act, 1954.
2. Definition.(1) In this Act, unless the context otherwise requires,
(a) acting Chief Justice means a Judges appointed under article 223 of the Constitution to
perform the duties of the Chief Justice.
(b) acting Judge means a person 4[4][* * *] appointed to act as a Judge under sub-section (2) of
section 222 of the Government of India Act, 1935 5[5](or under clause (2) of article 224 of the
Constitution);
(c) actual service includes
(i) time spent by a Judge on duty as a Judge or in the performance of such other
function as he may, at the request of the President of India, undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent on leave;
(iii) joining time on transfer from a High Court to the Supreme Court or from one High
Court to another or from the Supreme Court to a High Court;
(iv) time spent by a Judge on duty as a Judge of a former Indian High Court;
(v) time spent by a Judge to attend the sittings of the Supreme Court as an ad hoc Judge
under article 127 of the Constitution; and
(vi) vacation (excluding any time during which the Judge was absent on leave taken by
a Judge as a Judge of a former Indian High Court;
(d) additional Judge means a person 6[6][* * *] appointed as an additional Judge under subsection (3) of section 222 of the Government of India Act, 1935 7[7][or under clause (1) of
article 224 of the Constitution];
(e) former Indian High Court means the High Court at Rangoon, the High Court at Lahore,
the Chief Court of Sind or the Judicial Commissioners Court of North-West Frontier
Province;
(f) High Court means a High Court 8[8][for a State] and includes a High Court which was
exercising jurisdiction 9[9][in a Part A State or] in the corresponding Province before the
commencement of the Constitution;
(g) Judge means a Judge of a High Court and includes the Chief Justice 10[10][an acting Chief
Justice, an additional Judge and an acting Judge of the High Court];
11[11][(gg)
pension means a pension of any kind whatsoever payable to or in respect of a Judge,
and includes any gratuity or other sum or sums so payable by way of death or retirement
benefits.]
(h) service for pension includes
1[1]. Substituted for (Conditions of Service) by Act No. 18 of 1998 (w.e.f. 1-1-1996).
2[2]. Words in Part A States omitted by ALO 1956.
3[3]. Substituted for certain conditions of service by Act No. 18 of 1988 (w.e.f. 1-1-1996).
4[4]. Words who was omitted by ALO 1956.
5[5]. Inserted by ALO 1956.
6[6]. Words who was omitted by ALO 1956.
7[7]. Inserted by ALO 1956.
8[8]. Substituted for in any Part A State by ALO 1956.
9[9]. Inserted by ALO 1956.
10[10].
Substituted for and acting Chief Justice of a High Court by Act No. 46 of 1958 (w.e.f. 1-11.1956).
11[11].
Inserted by Act No. 50 of 1961.

(i) actual service;

12[12](ii)
the amount actually taken of each period of a leave on full allowances at a rate
equal to the monthly rate of salary;]
(iii) joining time on return from leave out of India;
(i) prescribed means prescribed by rules made under this Act.
(2) In the calculation of service for the purposes of this Act, previous service for any period or
period as acting Judge or additional Judge or as a Judge of a former Indian High Court shall be
reckoned as service as a Judge but, save as otherwise expressly provided, previous service as an acting
Chief Justice shall not be reckoned as service as Chief Justice.
(3) Any period of leave taken by a Judge before the commencement of this Act under the rules
then applicable to him as an acting Judge, additional Judge or a Judge shall, for the purposes of this
Act, be treated as if it were leave taken by him under this Act.
(4) Any period of leave taken by a Judge while serving as a Judge of a former Indian High Court
before his appointment to a High Court shall, for the purposes of this Act, be treated as if it were leave
taken by him under this Act.

CHAPTER II
LEAVE
3. Kinds of leave admissible to a Judge.(1) Subject to the provisions of this Act leave granted
to a Judge may be at his option either
13[13][(a) leave on full allowances (including commuted leave on half allowances into leave on full
allowances on medical certificate;] or
(b) leave on half allowances; or
(c) leave partly on full allowances and partly on half allowances.
(2) For the purposes of this Chapter, any period of leave on full allowances shall be reckoned as
double that period of leave on half allowances.
4. Leave account showing the amount of leave due.(1) A leave account shall be kept for each
Judge showing therein the amount of leave due to him in terms of leave on half allowances.
(2) In the leave account of a Judge
(a) there shall be credited to him
(i) one-fourth of the time spent by him on actual service; 14[14][* * *]
(ii) where the Judge, by reason of his having been detained for the performance of duties not
connected with the High Court, cannot enjoy any vacation which he would
otherwise have been entitled to enjoy had he not been so detained, as compensation
for the vacation not enjoyed, a period equal to double the period by which the
vacation enjoyed by him in any year falls short of one month; and
15[15][(iii) where the Judge had, prior to his appointment as such, held any pensionable post
under the Union or a State, the period of leave earned by him in the said post 16[16](*
* *) and,]
17[17][4A. Leave EncashmentsA Judge shall be entitled in his entire service including the period
of service rendered in a pensionable post under the Union or State or on re-employment, if any, to
claim the cash equivalent of leave salary on his retirement in respect of the period of earned leave at
his credit, to the extent of the maximum period prescribed for encashment of such leave under the All
India Service (Leave) Rules, 1955.]
12[12].
13[13].
14[14].
15[15].
16[16].

Inserted by Act No. 57 of 1980 (w.e.f. 10-12-1980).

Substituted by Act No. 78 of 1971 (w.e.f. 15-1-1972).
Word and omitted by Act No. 38 of 1986 (w.e.f. 1-11-1986).
Inserted by Act No. 38 of 1986 (w.e.f. 1-11-1986).
Words so however, that such period shall not exceed two hundred and forty days, in terms of leave on full
allowances omitted by Act No. 7 of 1999 (w.e.f. 8-1-1999).
17[17].
Section 4A inserted by Act No. 7 of 1999 (w.e.f. 8-1-1999).

5. Aggregate amount of leave which may be granted(1) The aggregate amount of leave which
may be granted to a Judge during the whole period of his service as such shall not exceed in terms of
leave on half allowances three years together with the aggregate of the periods, if any, credited to his
leave account under sub-section (2)(a)(ii) of section 4 as compensation for vacation not enjoyed.
(2) The aggregate amount of leave on full allowances which may be granted to a Judge during the
whole period of his service as such shall not exceed one-twenty-fourth of the period sent by him on
actual service together with one-half of the aggregate periods, if any, credited to his leave account
under sub-section (2)(a)(ii) of section 4 as compensation for vacation not enjoyed.
(3) 18[18][Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave
which may be granted] at one time shall be, in the case of leave on full allowances, five months and in
the case of leave with allowances of any kind, sixteen months.
19[19][5A. Commutation of leave on half allowances into leave on full allowances.(1)
Notwithstanding anything contained in sub-section (2) of section 5, a Judge may be permitted to
commute leave on half allowances into leave on full allowances on medical certificate up to a
maximum of three months during the whole period of his service as a Judge.
(2) In computing the maximum period of leave on full allowances which may be granted at one
time to a Judge under sub-section (3) of section 5, the amount of commuted leave permitted to him
under this section shall not be taken into account.]
6. Grant of leave not due.Subject to the maximum limit specified in sub-section (1) of section 5,
leave on half allowances may be granted to a Judge in excess of the amount at his credit
(i) on medical certificate; or
(ii) otherwise than on medical certificate, for not more than six months 20[20][or for two or more
periods, not exceeding in the aggregate, six months] during the whole period of his service
as a Judge;
Provided that no such leave shall be granted if the Judge is not expected to return to duty at the
end of such leave and earn the leave granted.
7. Special disability leave.The rules for the time being in force with respect to the grant of
special disability leave in relation to an officer of the Central Civil Service, Class I, who has entered
service on or after the 16th July, 1931 and who may be disabled by injury caused in, or in consequence
of, the due performance of his official duties or in consequences of his official position, shall apply in
relation to a Judge.
8. Extraordinary leave21[21][Extraordinary leave may be granted to a Judge for a period not
exceeding six months, or for two or more periods, not exceeding in the aggregate six months] during
the whole period of his service as a Judge in excess of any leave permissible under the foregoing
provisions of this Chapter, but no salary or allowances shall be payable during, or in respect of, such
leave.
9. Leave allowances.(1) The monthly rate of leave allowances payable to a Judge while on
leave on full allowances shall be 22[22][for the first forty-five days of such leave] a rate equal to the
monthly rate of his salary, 23[23][and thereafter, in the case of the Chief Justice, fifty-five per cent of the
monthly rate of his salary and in the case of each of the other Judges, sixty per cent of the monthly rate
of his salary.]
24[24][Provided that where leave on full allowances is granted to a Judge on medical certificate,
the monthly rate of leave allowances shall, for the first one hundred and twenty days of such leave, be
18[18].
19[19].
20[20].
21[21].

Certain words substituted by Act No. 78 of 1971 (w.e.f. 15-1-1972)

Inserted by Act No. 78 of 1971 (w.e.f. 15-1-1972).

Substituted for words and not morre than once by Act No. 46 of 1958.
Substituted for extraordinary leave not exceeding six months in duration may be granted to a Judge not
more than once by Act No. 46 of 1958 (w.e.f. 1956).
22[22].
Substituted for for the first month of such leave by Act No. 78 of 1971 (w.e.f. 15-1-1972).
23[23].
Substituted for and thereafter two thousand two hundred and twenty rupees by Act No. 32 of 1989 (w.e.f.
1-4-1986).
24[24].
Added by Act No. 57 of 1980 (w.e.f. 10-12-1980).

a rate equal to the monthly rate of his salary.]

(2) The monthly rate of leave allowances payable to a Judge while on leave on half allowances
shall be 25[25][in the case of the Chief Justice, twenty seven and half per cent, of the monthly rate of his
salary and in the case of each of other judges, thirty per cent, of the monthly rate of his salary].
10. Allowances for joining time.There shall be payable to a Judge in respect of joining time on
his return from leave out of India an allowance at the rate of one thousand one hundred and ten
rupees a month in lieu of salary.
11. Combining leave with vacation.A Judge may be permitted to combine vacation on full
salary with leave, if
(a) where the vacation consists of one continuous period, the leave is taken either at the
commencement or at the end of the vacation but not at both;
(b) where the vacation is divided into two separate periods, the leave is taken for the interval,
or part of the interval, between the two periods of that vacation, or for the interval, or part of
the interval, between the second period of that vacation and the commencement of the next
ensuing vacation:
Provided that no such permission to combine vacation with leave shall be granted if it becomes
necessary to appoint an acting Chief Justice during the period of vacation or if the Judge is not
expected to return to duty at the end of such leave.
12. Consequences of overstaying leave or vacation.If a Judge overstays his leave or any
vacation, whether combined with leave or not, he shall receive no salary for the period of his absence
in excess of leave granted to him or beyond the end of the vacation, as the case may be:
Provided that if such absence is due to circumstances beyond his control, the period thereof may
be treated as leave and may be debited to his leave account.
13. Authority competent to grant leave, etc.The authority competent to grant or refuse leave to
a Judge or revoke or curtail leave granted to a Judge shall be the Governor of the State in which the
principal seat of the High Court is situate, after consultation with the Chief Justice of that High Court.

CHAPTER III
AND PENSIONS]

26[26][SALARIES
27[27][13A.

Salaries of the Judges.(1) There shall be paid to the Chief Justice of a High Court, by
way of salary, thirty thousand per mensem.
(2) There shall be paid to a Judge of a High Court, by way of salary, twenty six thousand rupees
per mensem]
14. Pension payable to Judges.Subject to the provisions of this Act, every Judge shall, on his
retirement, be paid a pension in accordance with the scale and provision in Part I of the First Schedule:
Provided that no such pension shall be payable to a Judge unless
(a) he has completed not less than twelve years of service for pension; or
(b) he has attained the age of 28[28][sixty-two years;] or
(c) his retirement is medically certified to be necessitated by ill-health;
29[29][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.]
Explanation.In this section, Judge means a Judge who is not a member of the Indian Civil
Service or has not held any other 30[30][pensionable post] under the Union or a State and includes a
25[25].

Substituted for the words one thousand one hundred and ten rupees by Act No. 32 of 1989 (w.e.f. 1-41986).
26[26].
Substituted for the word PENSIONS by Act No. 18 of 1998 (w.e.f. 1-1-1996).
27[27].
Inserted by Act No. 18 of 1998 (w.e.f. 1-1-1996).
28[28].
Substituted for sixty years by Act No. 27 of 1964 (w.e.f. 5-10-1963).
29[29].
Inserted by Act No. 46 of 1958 (w.e.f. 1-11-1956).
30[30].
Substituted for Pensionable Civil Post by Act No. 57 of 1980.

Judge who being a member of the Indian Civil Service or 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.
15. Special provision for pension in respect of Judges who are members of service.31[31][(1)
Every Judge
(a) who is a member of the Indian Civil Service shall, on his retirement, be paid pension in
accordance with the scale and provisions in Part II of the First Schedule;
(b) who is not a member of the Indian Civil Service but has held any other 32[32][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, as the case may be, Part II or Part III of the First Schedule, and the pension
payable to him shall be calculated accordingly.
(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 Ist 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 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.]
16. Power of President to add to the service for pension.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 Part II or Part III of the First Schedule.
17. Extraordinary pensions.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.
33[33][17A. Family pensions and gratuities.34[34][(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 35[35][fifty per cent 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 36[36][and thereafter at the rate of thirty per cent of his salary] subject to a
minimum of 37[37][twelve hundred and seventy five rupees] per month.
38[38][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.]
31[31].

Section 15 renumbered as sub-sec.(1) thereof and sub-sec. (2) inserted by Act No. 35 of 1976 (w.e.f. 1-101974).
32[32].
Substituted for pensionable Civil Post by Act No. 57 of 1980.
33[33].
Inserted by Act No. 50 of 1961.
34[34].
Substituted by Act No. 38 of 1986 (w.e.f. 1-11-1986).
35[35].
For the words fifty per cent words sixty per cent were substituted by Act No. 7 of 1999. Now
substituted again for the words sixty per cent of pension admissible to him by Act No. 7 of 2003 (w.e.f. 1-11996).
36[36].
Substituted for the words and thereafter at the rate of half of the family pension so admissible by Act No.
7 of 2003 (w.e.f. 1-1-1996).
37[37].
Substituted for three hundred and seventy five rupees by Act No. 7 of 1999 (w.e.f. 1-1-1996).
38[38].
Proviso added by Act No. 7 of 2003 (w.e.f. 1-1-1996).

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 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 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 Part II or 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;
(ii) the amount of gratuity shall be calculated on the basis of 39[39][ten days] salary for 40[40][each
completed six months period] of service as a Judge41[41] [* * *].
42[42][(iii) * * *]
Explanation.In 43[43][sub-section (3)], the expression Judge has the same meanings as in
section 14].
18. Conversion of sterling pension into rupees.Pension 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:
44[44][*
* *]
19. Commutation of pensions.The Civil Pensions (Commutation) Rules for the time being in
force shall, with necessary modifications, apply to Judges.
20. Provident Fund.Every Judge shall be entitled to subscribe to the General Provident Fund
(Central Services):
Provided that a Judge who is a member of the Indian Civil Service or 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
commence-ment.
45[45][20A. 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
39[39].
40[40].
41[41].
42[42].
43[43].
44[44].

Substituted for twenty days by Act No. 7 of 1999 (w.e.f. 1-1-1996).

Substituted for each completed year by Act No. 7 of 1999 (w.e.f. 1-1-1996).
Word and omitted by Act No. 20 of 1988 (w.e.f. 1-11-1986).
Omitted by Act No. 20 of 1988 (w.e.f. 1-1-1986).
Substituted for sub-sections (2) and (3) by Act No. 38 of 1986 (w.e.f. 1-11-1986).
Proviso to Sec. 18 omitted by Act No. 46 of 1958 (w.e.f. 1-11-1956)

45[45].

Section 20A inserted by Act No. 38 of 1986 (w.e.f. 5-9-1977).

Provident Fund referred to in section 20.]

21. Authority Competent to grant pension.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.

CHAPTER IV
MISCELLANEOUS
22. Travelling allowances to a Judge.Every Judge shall receive such reasonable allowances to
reimburse him for expenses incurred in traveling on duty within the territory of India and shall be
afforded such reasonable facilities in connection with travelling as may, from time to time, be
prescribed.
46[46][22A. Facility of rent free houses.(1) Every Judge shall be entitled without payment of rent
to the use of an official residence in accordance with such rules as may, from time to time, be made in
this behalf.
(2) Where a Judged does not avail himself of the use of an official residence, he may be paid every
month an allowance of 47[47][Ten thousand rupees].
48[48][22B. Conveyance facilities.Every Judge shall be entitled to a staff car and one hundred
and fifty litres of petrol every month or the actual consumption of petrol per month, whichever is less.
22C. Sumptuary allowance.The Chief Justice and each of the other Judges of every High Court
shall be entitled to a sumptuary allowance of five hundred rupees per month and three hundred
rupees per month, respectively.]
49[49][22D. Exemption from liability to pay income-tax on certain perquisites received by a
Judge.Notwithstanding anything contained in the Income-tax Act, 1961,
(a) the value of rent-free official residence provided to a Judge under sub-section (1) section
22A or the allowance paid to him under sub-section (2) of that section;
(b) the value of the conveyance facilities provided to a Judge under section 22B;
(c) the sumptuary allowance provided to a Judge under section 22C;
50[50][(d) the value of leave concession provided to a Judge and members of his family,]
shall not be included in the computation of his income chargeable under the head Salaries
under section 15 of the Income-tax Act, 1961.]
23. Facilities for medical treatment and other conditions of service.(1) Every Judge and the
members of his family shall be entitled to such facilities for medical treatment and for accommodation
in hospitals as may, from time to time, be prescribed.
(2) The conditions of service of a Judge for which no express provision has been made in this Act
shall be such as may be determined by rules made under this Act.
(3) This section shall be deemed to have come into force on the 26th January, 1950 and any rule
made under this section may be made so as to be retrospective to any date not earlier than the
commencement of this section.
51[51][23A. Vacation of High Courts.(1) Every High Court shall have a vacation or vacations for
such period or periods as may, from time to time, be fixed by the President, by order notified in this
behalf in the Official Gazette, and every such order shall have effect, notwithstanding anything
contained in any other law, rule or order regulating the vacation of the High Court.
(2) Every order made under sub-section (1) shall be laid before each House of Parliament.]
2cial provisions in respect of continuing Judges.(1) In the calculation of the service for pension of a continuing
Judge for the purposes of this Act, his previous service for pension as a Chief Justice or as a Judge of a
46[46].
47[47].
48[48].
49[49].
50[50].
51[51].

Sections 22A inserted by Act No. 35 of 1976 (w.e.f. 1-10-1974).

Substituted for the words two thousand five hundred rupees by Act No. 7 of 1999 (w.e.f. 8-1-1999).
Section 22B and 22C substituted by Act No. 38 of 1986 (w.e.f. 1-11-1986).
Substituted by Act No. 20 of 1988 (w.e.f. 1-11-1986).
Inserted by Act No. 2 of 1994 (w.e.f. 1-4-1986).
Inserted by Act No. 46 of 1958 (w.e.f. 1-11-1956)

former High Court in a Part B State, under the provisions of the High Court Judges (Part B States)
Order, 1953, or any other order or rule then applicable to him, shall be reckoned as service for pension
as a Chief Justice or as the case may be, as a Judge under this Act.
(2) In the calculation of the amount of leave at the credit of a continuing Judges for the purposes of this Act, the amount of leave due to him

1953, or any other

order or rule then applicable to him, shall be added to the amount of leave at his credit under this Act.
(3) In this section, continuing Judge means a Judge of a former High Court in a Part B State
who on the 1st day of November, 1956, or on any date subsequent thereto has become or been
appointed as a Judge of a High Court for a State.]
52[52][23C. Special provisions in respect of Judges transferred from the High Court of Jammu
and Kashmir.(1) In the calculation of service for pension of a Judge of the High Court of Jammu and
Kashmir transferred to any other High Court, his service for pension as a Judge of the High Court of
Jammu and Kashmir shall also be reckoned as service for pension under this Act.
(2) In the calculation of the amount of leave at the credit of a Judge of the High Court of Jammu
and Kashmir transferred to any other High Court, the amount of leave due to him as a Judge of the
High Court of Jammu and Kashmir shall be added to the amount of leave at his credit under this Act.]
53[53][23D. Medical facilities for retired Judges.(1) Every retired Judge shall, with effect from
the date on which the High Court Judges (Conditions of Service) Amendment Act, 1976 receives the
assent of the President, be entitled, for himself and his family, to the same facilities as respects medical
treatment and on the same conditions as a retired officer of the Central Civil Services, Class I, and his
family, are entitled under any rules and orders of the Central Government for the time being in force.
(2) Notwithstanding anything contained in sub-section (1) but subject to such conditions and
restrictions as the Central Government may impose, a retired Judge of the High Court for a State may
avail, for himself and his family, any facilities for medical treatment which the Government of that
State may extend to him.]
24. Power to make rules.(1) The Central Government may, by notification in the Official
Gazette, make rules 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 matters, namely:
(a) leave of absence of a Judge;
(b) pension payable to a Judge;
(c) travelling allowances to a Judge;
2[(ca)
use of official residence by a Judge under sub-section (1) of section 22A;]
(d) facilities for medical treatment and other conditions of service of a Judge;
(e) any other manner which has to be, or may be, prescribed.
54[54][(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.]
25. Savings.55[55][(1) 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 allowances
or his rights in respect of leave of absence (including leave allowances) or pension than those to which
he would be entitled if this Act had not been passed.
immediately before the 1st day of November, 1956, under the provisions of the High Court Judges (Part B States) Order,

52[52].
53[53].
54[54].
55[55].

Inserted by Act No. 27 of 1964.

Inserted by Act No. 35 of 1976 (w.e.f. 1-10-1974).
Substituted by Act No. 35 of 1976 (w.e.f. 1-10-1974).
Sec. 25 renumbered as sub-section (1) thereof and sub-sec. (2) added by Act No. 46 of 1958 (w.e.f. 1-11-1956).

2[(2)

Nothing contained in this Act, as amend by the High Court Judges (Conditions of Service)
Amendment Act, 1958, shall have effect so as to give to a Chief Justice or a Judge of a former High
Court in a Part B States less favourable terms in respect of his allowances or his rights in respect of
leave of absence (including the leave allowances) or pension than those to which he would be entitled
under the High Court Judges (Part B States) Order, 1953, or any other order or rule then applicable to
him, if he had continued as a Judge of that High Court his service as a Judge on or after the 1st day of
November, 1956, being treated as service in that High Court.]

THE FIRST SCHEDULE

(See Sections 14 and 15)
PENSIONS OF JUDGES
PART I
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 56[56][pensionable post] under the Union or a State and also apply to a Judge
who, being a member of the Indian Civil Service or having held any other 3[pensionable post] under
the Union or a State, has elected to receive the pension payable under this Part.
57[57][2. Subject to the other provisions of this Part, the pension payable to a Judge to whom this
Part applies and who has completed not less than seven years of service for pension shall be:
(a) for service as Chief Justice in any High Court, 58[58][Rs. 14,630] per annum for each
completed year of service;
(b) for service as any other Judge in any High Court, 59[59][Rs. 11,150] per annum for each
completed year of service;
Provided that the pension under this paragraph shall in no case exceed 60[60][Rs. 1,80,000] per
annum
in
the
case
of
a
Chief
Justice
and
3[Rs. 1,56,000] per annum in the case of any other Judge.]
61[61][3, 4, 5.*
*
*]
62[62][6. A Judge who has rendered service for pension both as Chief Justice and other Judge in
any High Court may claim that any period of service of less than a completed year rendered by him as
Chief Justice, or any portion of any such period, shall be treated for the purpose of paragraph 2 as
service rendered by him as other Judge.]
7. For the purposes of this Part, service as an acting Chief Justice of a High Court or as an ad hoc
Judge of the Supreme Court, shall be treated as though it were service rendered as Chief Justice of a
High Court.
8. Notwithstanding anything contained in the foregoing provisions of this Part, the pension
payable to a Judge who has completed 63[63][fourteen years] of service for pension, including not less
than six years of service as Chief Justice of one or more of the High Courts, shall be 64[64][Rs. 1,80,000].
9. Where a Judge to whom this Part applies retires or has retired at any time after the 26th
January, 1950 without being eligible for a pension under any other provision of this Part, then,
notwithstanding anything contained in the foregoing provisions, a pension of 65[65][Rs. 51,190].
56[56].
57[57].
58[58].
59[59].
60[60].

Substituted for Pensionable Civil Post by Act No. 57 of 1980.

Substituted by Act No. 20 of 1988 (w.e.f. 1-11-1986).
Substituted for letters and figures Rs. 4,500 by Act No. 7 of 1999 (w.e.f. 1-1-1996).
Substituted for letters and figures Rs. 3,430 by Act No. 7 of 1999 (w.e.f. 1-1-1996).
Substituted for letters & figures Rs. 5,400 and Rs. 48,000 respectivelyby Act No. 7 of 1999 (w.e.f. 1-11996).
61[61].
Para 3, 4, 5 omitted by Act No. 20 of 1988 (w.e.f. 1-11-1986).
62[62].
Substituted by Act No. 20 of 1988 (w.e.f. 1-11-1986)
63[63].
Substituted for the words twelve years by Act No. 20 of 1988 (w.e.f. 1-11-1986).
64[64].
The figure 5,400 was submitted by Act No. 20 of 1988 for 20,000 and now again substituted by Act No. 7 of
1999 (w.e.f. 1-1-1996).
65[65].
The figure 15,750 was substituted for 6,000 by Act No. 20 of 1988 and now again substituted for Rs.

66[66][Provided

that nothing in this paragraph shall apply

to an additional Judge or acting Judge; or
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.]
67[67][10. 11. * * *]
(a)
(b)

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 being treated as service therein for
the purpose of calculating that pension; and
(b) the additional pension, if any, to which he is entitled under paragraph 3.
68[68][Provided that the pension under clause (a) and the additional pension under clause (b)
together shall in no case exceed 69[69][Rs. 1,80,000] per annum in the case of a Chief Justice and 70[70][Rs.
1,56,000] per annum in the case of any other Judge.]
3. 3[If such a Judge has completed not less than seven years of service for pension in a High
Court, he shall be entitled to an additional pension in accordance with the following scale
Per annum
Rs.
For seven completed years of service for pension
71[71][11,265
For eight completed years of service for pension
13,520
For nine completed years of service for pension
15,766
For ten completed years of service for pension
18,022
For eleven completed years of service for pension
20,280
For twelve or more completed years of service for pension
22533]
72[72][4. * *
*
]

PART III
1. The provisions of this Part apply to a Judge who has held any 73[73][pensionable 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 I.
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 being treated as service therein for the purpose of
calculating that pension; and
(b) a special additional pension of 74[74][Rs. 5,200] per annum in respect of each completed year

15,750 by Act No. 7 of 1999 (w.e.f. 1-1-1996).

Added by Act No. 46 of 1958 (w.e.f. 1-11-1956).
Paras 10, 11 omitted by Act No. 20 of 1988 (w.e.f. 1-11-1986).
Inserted by Act No. 20 of 1988 (w.e.f. 1-11-1986).
Substituted for letters and figures Rs. 54,000 and Rs. 48,000 by Act No. 7 of 1999 (w.e.f. 1-11-1996).
Substituted by Act No. 46 of 1958 (w.e.f. 1-11-1956).
Figures 3,466, 4,160, 4,851, 5,545, 6,240 and 6,933 were substituted by Act No. 20 of 1988 and now
again substituted by Act No. 7 of 1999 (w.e.f. 1-11-1996).
72[72].
Para 4 omitted by Act No. 20 of 1988 (w.e.f. 1-11-1986).
73[73].
Substituted for Civil pensionable post by Act No. 57 of 1980.
74[74].
Figure 1,600 was substituted by Act No. 20 of 1988 and now again substituted by Act No. 7 of 1999 (w.e.f.
1-1-1996).
66[66].
67[67].
68[68].
69[69].
70[70].
71[71].

of service for pension 75[75][* *]

76[76][Provided that the pension under clause (a) and the additional pension under clause (b)
together shall in no case exceed 77[77][Rs. 1,80,000] per annum in the case of a Chief Justice and 4[Rs.
1,56,000] per annum in the case of any other Judge.]
78[78][3.4.* * *]

THE SECOND SCHEDULE

(See Section 17)
INJURY GRATUITIES AND PENSIONS
Officer

Gratuity

Annual Pension

Rs.

Higher Scale Rs.

Lower Scale

1. Chief Justice

20,000

5,400

4,700

2. Any other Judge

13,500

4,700

4,000

FAMILY GRATUITIES AND PENSIONS

A. Widow
Officer
1. Chief Justice
2. Any other Judge

Gratuity

Annual Pension

Rs.
15,000
13,500

Rs.
5,400
4,000

B. Children
Officer
If motherless
1. Chief Justice
2. Any other Judge

75[75].

550
550

Annual Pension
If not motherless
320
320

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. 8,000 per annum omitted by Act
No. 7 of 1999 (w.e.f. 1-1-1996).
76[76].
Inserted by Act No. 20 of 1988 (w.e.f. 1-11-1986).
77[77].
Substituted for letters and figures Rs. 5,4000 and Rs. 48,000by Act No. 7 of 1999 (w.e.f. 1-1-1996).
78[78].
Paras 3,4 omitted by Act No. 20 of 1988 (w.e.f. 1-11-1986).