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This Bill seeks to determine the rights of the Judges of the Supreme Court in respect of leave of absence, pension and other conditions of service. At present, a Judge of the Supreme Court is entitled, during the whole period of his service in such Court, to leave on medical certificate on Rs. It is now proposed to allow them the same leave terms as are admissible to High Court Judges with slight modifications.
They will now earn leave on half allowances for a period equal to one-fourth of the time spent on actual service subject to a maxi- mum of three years during entire period of service, leave on full allowances being treated as double the period of leave on half allowances.
The maximum amount of leave that may be granted at one time shall not exceed five months, in the case of leave on full allowances and six- teen months, in the case of leave on half allowances. The aggregate amount of leave on full al- allowances which may be granted to a Judge during the whole of period of service shall not exceed one-twenty-fourth of the period spent by him on actual service. Leave not due may also be granted to a Judge up to a specified limit with or without a medical certificate provided the Judge is expected to return to duty and earn such leave.
Extraordinary leave without allowances may be taken up to a period of six months during the entire period of service. During leave on full allowances, the Judge will be paid full salary for the first 45 days of such leave and Rs. During leave on half allowances, the Judge will get Rs.
No substantial change is proposed in the rates of pension hitherto admissible to the Judges of the Supreme Court. Rates of pension have, however, been expressed in Indian currency and not m sterling.
Provision has also been made that a Judge would be entitled to a minimum pension of Rs. Special provision has also been made to govern certain other subsidiary conditions of ser- vice, such as medical attendance facilities which are enjoyed by all Government servants and which, up to the commencement of the Constitution, were admissible to Judges of the Federal Court under paragraph 23 of the Government of India Federal Court Order, These matters will now be provided for by rules to be made under the Bill.
An Act to regulate certain conditions of service of the Judges of he Supreme Court. 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- 1[ a leave on full allowances including commuted leave on half allowances into leave on full allowances on.
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. Leave encashment A Judge shall be entitled in his entire service, including the period of service rendered either as a Judge of a High Court or in a pension able post under the Union or a 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 Services Leave Rules, 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 ser-vice as such shall not exceed in terms of leave on half allowances three years 1[including the period credited to his leave account under sub-sec.
Commutation of leave on half allowances into leave on full allowances 1 Notwithstanding anything contained in sub-section 2 of section 5-, a Judge maybe 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.
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 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: 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.
Leave under this section is granted only when the Judge is expected to re-turn to duly at the end of such leave and earn the leave granted. Leave granted under this section will be adjusted with the leave earned in future. Special disability leave Special disability leave may be granted to a Judge under such circumstances, on such allowances and for such periods as may be prescribed.
Extraordinary leave Extraordinary leave may be grated 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 in respect of such leave.
Leave allowances 1 The monthly rate of leave allowances payable to a Judge while on leave on full allowances shall be for the first forty-five days of such leave a rate equal to the monthly rate of the salary and thereafter two thousand two hundred and twenty rupees. 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 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 grant-ed 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.
Consequences of overstaying leave or vacation 1 If a Judge over styles leave or any vacation, whether combined with leave or not, he shall receive no salary in respect of the period of his absence in excess of the 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.
Authority competent to grant leave The authority competent to grantor refuse leave to a Judge or to revoke or curtail the leave already granted to a Judge shall be the President who shall exercise the power after consultation with the Chief Justice.
A Salaries of the Judges 1 There shall be paid to the Chief Justice of India, by way of salary, thirty-three thousand rupees per mender. Omitted by Act No.
Judge Roland Adkins (1880-1958) - Find A Grave Memorial
Benefit of added years of service 1[Benefit of added years of service. 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 of the Constitution].
Section A Inserted by Act No. Special provisions for pension In respect of Judges who are members of service 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 pension able 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.
Section 14 renumbered as sub-section 1 and sub-section 2 inserted by the Supreme Court Judges Conditions of Service Amendment Act, 36 of , S. Power of President to add to the services for pension The President may, for special reasons, 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 pension Extraordinary pensions and gratuities may be granted to a Judge under such circumstances and on such scales as may be prescribed. Section I, dated 7th January, , pp. Inserted by Act No. Pension payable to a Judge who was in recent of pension at the time of appointment as such 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 pension able 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.
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. Commutation of pension The Civil Pensions Commutation Rules for the time being in force shall, with necessary modifications, apply to Judges.
Provided that a Judge who is a member of the Indian Civil Service or has held any other pension able 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.
Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
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 provisionsof this Act shall be the President.
Traveling allowance to a Judge A Judge shall receive such reasonable allowance 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 traveling as may, from time to time, be prescribed. Section 1, dated 27th December. Conveyance facilities Every Judge shall be entitled to a staff car and 1[two hundred litters of fuel every month or the actual consumption of fuel]per month, whichever is less.
Sumptuary allowance The Chief Justice and each of the other Judges shall be entitled to a sumptuary allowance of 1[ten thousand]rupees per month and 2[seven thousand five hundred] rupees]per month respectively. Medical facilities for retired Judges Every retired Judge shall, with effect from the date on which the Supreme Court Judges Conditions of Service Amendment Act, 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.
Power to make rules 1 The Central Government may, by notification in the Official Gazette, make rules 1to carry out the purposes of this Act. Savings 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.
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Schedule See sections 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 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.
Provided that the aggregate amount of his pension shall in no case exceed Rs, 2[2,97,] perineum. Provided that the pension under this paragraph shall in no case exceed Rs. Provided that the pension under clause a and the additional pension under clause b together shall in no case exceed Rs. Paragraph 5 omitted by Act No.