3
[12A. Salaries of the Judges.―(1) There shall be paid to the Chief Justice of India, by way of
salary, 4
[ 5
[two lakh eighty thousand rupees per mensem]].
(2) There shall be paid to a Judge of the Supreme Court, by way of salary, 6
[ 7
[two lakh fifty
thousand rupees per mensem] ].
13. Pension payable to Judges.―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,―
1. Subs. by Act 13 of 2016, s. 21, for section 9 (w.e.f. 5-4-2016).
2. Subs. by Act 18 of 1998, s. 7, for the heading “PENSIONS” (w.e.f. 1-1-1996).
3. Ins. by s. 7, ibid. (w.e.f. 1-1-1996).
4. Subs. by Act 23 of 2009, s. 8, for “thirty-three thousand rupees per mensem” (w.e.f. 1-1-2006).
5. Subs. by Act 10 of 2018, s. 6, for "one lakh rupees per mensem" (w.e.f. 1-1-2016).
6. Subs. by Act 23 of 2009, s. 8, for “thirty thousand rupees per mensem” (w.e.f.1-1-2006).
7. Subs. by Act 10 of 2018, s. 6, for "ninety thousand rupees per mensem” (w.e.f. 1-1-2016).
8
1* * * * *
(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.]
3
[13A. 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 124 of theConstitution.]
14. Special provisions for pension in respect of Judges who are members of service.―4
[(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.]
5
[(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 6*** Part III of the
Schedule before the date on which the Supreme Court Judges (Conditions of Service) Amendment
Act, 1976 (36 of 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.]
15. Power of President to add to the service 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 otherJudge.
16. Extraordinary pension.―Extraordinary pensions and gratuities may be granted to a Judge
under such circumstances and on such scales as may be prescribed.
7
[16A. Family pension and gratuity.―8
[(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 (38 of 1986),―
1. Clause (a) omitted by Act 46 of 2005, s. 6 (w.e.f. 1-4-2004).
2. Subs. by Act 13 of 2016, s. 22, for the Explanation (w.e.f. 5-4-2016).
3. Ins. by Act 46 of 2005, s. 7 (w.e.f. 1-4-2004).
4. Subs. by Act 13 of 2016, s. 23, for sub-section (1) (w.e.f. 5-4-2016).
5. Ins. by Act 36 of 1976, s. 2 (w.e.f 1-10-1974).
6. The words and figures “Part II or, as the case may be,” omitted by Act 13 of 2016, s. 23 (w.e.f. 5-4-2016).
7. Ins. by Act 36 of 1976, s. 3 (w.e.f 1-10-1974).
8. Subs. by Act 38 of 1986, s. 8, for sub-section (1) (w.e.f.1-11-1986).
9
(a) dies before retirement, 1
[family pension calculated at the rate of fifty per cent. of his
salary] 2*** 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, 3
[and thereafter at the rate of thirty
per cent. of his salary] 4***; and
5
[(b) dies after retirement on attaining the age of sixty-five years, 6
[family pension shall be
thirty per cent. of his salary] 2*** 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.]
7
[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.―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
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 8* * * 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***
1. Subs. by Act 8 of 2003, s. 2, for certain words (w.e.f. 01.01.1996).
2. The words “plus fifty per cent. of his dearness pay” omitted by Act 23 of 2009, s. 9 (w.e.f. 5-4-2016).
3. Subs. by Act 8 of 2003, s. 2, for “and thereafter at the rate of half of the family pension so admissible” (w.e.f. 1-1-1996).
4. The words “plus thirty per cent. of his dearness pay” omitted by Act 23 of 2009, s. 9 (w.e.f. 5-4-2016).
5. Subs. by Act 32 of 1989, s. 7, for clause (b) (w.e.f. 30-8-1989).
6. Subs. by Act 8 of 2003, s. 2, for “family pension shall be thirty per cent. of the pension eligible” (w.e.f. 1-1-1996).
7. The proviso ins. by s. 2, ibid. (w.e.f. 1-1-1996).
8. The words and figures “Part II or” omitted by Act 13 of 2016, s. 24 (w.e.f. 5-4-2016).
9. Subs. by Act 7 of 1999, s. 9, for “twenty days” (w.e.f. 1-1-1996).
10. Subs. by s. 9, ibid., for “each completed year” (w.e.f. 1-1-1996).
11. The word “and” omitted by Act 20 of 1988, s. 5 (w.e.f. 1-1-1986).
10
1* * * * *
Explanation.―2
[In sub-section (2)], the expression “Judge” has the same meaning as in
section 13.]
3
[16B. Additional quantum of pension or family pension.―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:―
Age of Pensioner or family Pensioner Additional quantum of pension or family pension
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.]
4
[Explanation.—For the removal of doubts, it is hereby clarified that any entitlement for additional
quantum of pension or family pension shall be, and shall be deemed always to have been, from the first
day of the month in which the pensioner or family pensioner completes the age specified in the first
column of the scale.]
17. Pension payable to a Judge who was in receipt 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 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.
18. [Conversion of sterling pension into rupees.] Omitted by the High Court and the
Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016 (13 of 2016), s. 25
(w.e.f. 5-4-2016).
19. Commutation of pension.―The Civil Pensions (Commutation) Rules for the time being in
force shall, with necessary modifications, apply to Judges.
1. Clause (iii) omitted by Act 20 of 1988, s. 5. (w.e.f. 1-1-1986).
2. Subs. by Act 38 of 1986, s. 8, for “In this section” (w.e.f. 1-11-1986).
3. Ins. by Act 23 of 2009, s. 10 (w.e.f. 1-1-2006).
4. Explanation ins. by Act 44 of 2021, s. 3 (w.e.f. 18-12-2021).
11
20. Provident fund.―Every Judge shall be entitled to subscribe to the General Provident Fund
(Central Services):
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.
2
[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 subscribes to the General Provident Fund (Central Services) or any other 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.