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―
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[(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.
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[(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendar
year, for such number of days and subject to such conditions as may be prescribed.]
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; 3***
(ii) where the Judge, by reason of his having been detained for the performance of duties
not connected with the Supreme 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;
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[(iii) where the Judge was, prior to his appointment as such, a Judge of a High Court, the
period of leave earned by him as a Judge of the High Court, 5***; and]
(b) there shall be debited to him all leave with allowances taken by him.
(3) This section shall be deemed to have come into force on the 1st day of May, 1958.
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[4A. 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 pensionable post under the Union or a State
or on re-employment, if any, to claim the cash equivalent of leave salary on his retirement 7
[in respect
of the period of leave at his credit, calculated on full allowances basis,] to the extent of the maximum
1. Subs. by Act 77 of 1971, s. 2, for clause (a) (w.e. f. 15-1-1972).
2. Ins. by Act 13 of 2016, s. 19 (w.e.f. 5-4-2016).
3. The word “and” omitted by Act 77 of 1971, s. 3 (w.e.f. 1-5-1958).
4. Ins. by s. 3, ibid. (w.e.f. 1-5-1958).
5. The certain words omitted by Act 7 of 1999, s. 7 (w.e.f. 8-1-1999).
6. Ins. by s. 8, ibid. (w.e.f. 8-1-1999).
7. Subs. by Act 13 of 2016, s. 20, for “in respect of the period of earned leave at his credit” (w.e.f. 5-4-2016).
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period prescribed for encashment of such leave under the All India Service (Leave) Rules, 1955.]
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 1
[including the period credited to his leave account
under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court] 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 spent by him on
actual service together with one-half of the aggregate periods, if any, 2
[credited to his leave account―
(a) under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed, and
(b) under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High
Court.]
(3) 3
[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.
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[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 leave 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 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 the leave granted.
7. 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.
8. Extraordinary leave.―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 in respect of such leave.
1. Ins. by Act 77 of 1971, s. 4 (w.e.f. 17-10-1958).
2. Subs. by s. 4, ibid., for “credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation
not enjoyed” (w.e.f. 17-10-1958).
3. Subs. by s. 4, ibid., for “The maximum period of leave which may be granted” (w.e.f. 17-10-1958).
4. Ins. by s. 5, ibid. (w.e.f. 15-1-1972).
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[9. Leave allowances.―The monthly rate of leave salary payable to a Judge shall be in accordance
with the provisions of sub-section (1) of section 3.]
10. 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 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.
11. Consequences of over staying leave or vacation.―(1) If a Judge overstays his 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.
(2) Nothing in this Act shall be construed as requiring a Judge to rejoin on the expiration of the
period of leave when that period expires immediately before the commencement of a vacation, nor as
authorising any acting Chief Justice to continue to hold the acting appointment during the vacation.
12. Authority competent to grant leave.―The authority competent to grant or 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.