4
[13A. Salaries of the Judges.—(1) There shall be paid to the Chief Justice of a High Court, by way
of salary, 5
[ 6
[two lakh fifty thousand rupees per mensem] ].
(2) There shall be paid to a Judge of a High Court, by way of salary, 7
[ 8
[two lakh twenty-five
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 provisions in Part I of the First Schedule:
Provided that no such pension shall be payable to a Judge unless—
1. Subs. by Act 46 of 1958, s. 4, for “Extraordinary leave not exceeding six months in duration may be granted to a Judge not
more than once” (w.e.f. 1-11-1956).
2. Subs. by Act 13 of 2016, s. 5, for section 9 (w.e.f. 5-4-2016).
3. Subs. by Act 18 of 1998, s. 4, for “pension” (w.e.f. 1-1-1996).
4. Ins. by s. 4, ibid. (w.e.f. 1-1-1996).
5. Subs. by Act 23 of 2009, s. 2, for “thirty thousand rupees per mensem” (w.e.f. 1-1-2006).
6. Subs. by Act 10 of 2018, s. 2, for “ninety thousand rupees per mensem” (w.e.f. 1-1-2016).
7. Subs. by Act 23 of 2009, s. 2, for “twenty-six thousand rupees per mensem” (w.e.f. 1-1-2006).
8. Subs. by Act 10 of 2018, s. 2, for “eighty thousand rupees per mensem” (w.e.f. 1-1-2016).
7
(a) he has completed not less than twelve years of service for pension; or
1
[(b) he has attained the age of sixty-two years; or;]
(c) his retirement is medically certified to be necessitated by ill-health:
2
[Provided further that if a Judge at the time of his appointment is in receipt of a pension (other than a
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.]
3
[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 Judge who 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.]
4
[14A. Benefit of added years of service.—Subject to the provisions of this Act, a period of ten years
years shall be added and shall be deemed to have been added from the 1st day of April, 2004 for the
purposes of pension, to the service of a Judge who is appointed as such Judge under sub-clause (b) of
clause (2) of article 217 of the Constitution.]
15. Special provision of pension in respect of Judges who are members of service.—5
[(1)] Every
Judge—
6
* * * * *
(b) who 7*** has held any other 8
[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, 9*** Part III of the First Schedule, and the pension payable to him shall be
calculated accordingly.
10[(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 11*** Part III of the First Schedule
before the date on which the High Court Judges (Conditions of Service) Amendment Act, 1976 (35 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 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 12*** Part III of the First Schedule.
1. Subs. by Act 13 of 2016, s. 7 (w.e.f. 5-4-2016).
2. Ins. by Act 46 of 1958, s. 5 (w.e.f. 1-11-1956).
3. Subs. by Act 13 of 2016, s. 7, for the Explanation (w.e.f. 5-4-2016).
4. Ins. by s. 8, ibid. (w.e.f. 5-4-2016).
5. Section 15 renumbered as sub-section (1), thereof by Act 35 of 1976, s. 2 (w.e.f. 1-10-1974).
6. Clause (a) omitted by Act 13 of 2016, s. 9 (w.e.f. 5-4-2016).
7. The words “is not a member of the Indian Civil Service but” omitted by s. 9, ibid. (w.e.f. 5-4-2016).
8. Subs. by Act 57 of 1980, s. 4, for “pensionable civil post” (w.e.f. 10-12-1980).
9. The words and figures “as the case may be, Part II or” omitted by Act 13 of 2016, s. 9(w.e.f. 5-4-2016).
10. Ins. by Act 35 of 1976, s. 2 (w.e.f. 1-10-1974).
11. The words and figures “Part II or, as the case may be,” omitted by Act 13 of 2016, s. 9 (w.e.f. 5-4-2016).
12. The words and figures “Part II or” omitted by s. 10, ibid. (w.e.f. 5-4-2016).
10.The words and figures “Part II or” omitted by Act 13 of 2016, s. 11 (w.e.f. 5-4-2016).
8
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.
1
[17A. Family pensions and gratuities.—2
[ 3
[(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), dies, whether before or after retirement in circumstances to which section 17 does
not apply, family pension calculated at the rate of 4
[fifty per cent. of his salary] 5*** 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, 6
[ 7
[and thereafter at the rate of thirty per cent of his salary 8***.]]
9
[Provided that in no case the amount of family pension calculated under this sub-section shall exceed
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 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 10*** 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 9*** 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 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 gratuity.]
(3) The rules, notifications and orders for the time being in force with respect to the grant of deathcum-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 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;
1. Ins. by Act 50 of 1961, s. 3 (w.e.f. 20-5-1954).
2. Section 17A renumbered as sub-section (1) thereof by Act 35 of 1976, s. 2 (w.e.f. 1-10-1974).
3. Subs. by Act 38 of 1986, s. 3, for sub-sections (1) and (2) (w.e.f. 1-11-1986).
4. Subs. by Act 7 of 2003, s. 2, for “sixty per cent. of the pension admissible to him” (w.e.f. 1-1-1996).
5. The words “plus fifty per cent. of his dearness pay” omitted by Act 23 of 2009, s. 3 (w.e.f. 1-1-2006).
6. Subs. by Act 7 of 2003, s. 2, for “and thereafter at the rate of half of the family pension so admissible” (w.e.f. 1-1-1996).
7. Subs. by Act 46 of 2005, s. 2, for “and thereafter at the rate of thirty per cent. of his salary subject to a minimum of three
hundred and seventy-five rupees per months” (w.e.f. 1-1-1996).
8. The words “plus thirty per cent. of his dearness pay subject to a minimum of one thousand nine hundred and thirteen rupees
per month” omitted by Act 23 of 2009, s. 3 (w.e.f. 1-1-2006).
9. The proviso inserted by Act 7 of 2003, s. 2 (w.e.f. 1-1-1996).
9
(ii) the amount of gratuity shall be calculated on the basis of 1
[ten days’] salary for 2
[each
completed six months period] of service as a Judge;3***
4
* * * * *
Explanation.—In5
[sub-section (3)], the expression “Judge” has the same meaning as in section 14.]
6
[17B. 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 eightyfive years
From eighty-five years to less than
ninety years
From ninety years to less than ninetyfive years
From ninety-five years to less than
hundred years
Twenty per cent. of basic pension or family
pension
Thirty per cent. of basic pension or family pension
Forty per cent. of basic pension or family pension
Fifty per cent. of basic pension or family pension
From hundred years or more Hundred per cent. of basic pension or family
pension.]
7
[Explanation.—For the removal of doubts, it is hereby clarified that any entitlement for additional
quantum of pension or 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.]
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. 12 (w.e.f. 5-4-2016).
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 8*** 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:
9
* * * * *
10[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].
1. Subs. by Act 7 of 1999, s. 4, for “twenty days” (w.e.f. 1-1-1996).
2. Subs. by s. 4, ibid., for “each completed year” (w.e.f. 1-1-1996).
3. The word “and” omitted by 20 of 1988, s. 2 (w.e.f. 1-1-1986).
4. Clause (iii) omitted by s. 2, ibid. (w.e.f. 1-1-1986).
5. Subs. by Act 38 of 1986, s. 3, for “sub-sections (2) and (3)” (w.e.f. 1-11-1986).
6. Ins. by Act 23 of 2009, s. 4 (w.e.f. 1-1-2006).
7. Ins. by Act 44 of 2021, s. 2 (w.e.f. 18-12-2021).
8. The words “is a member of the Indian Civil Service or” omitted by Act 13 of 2016, s. 13 (w.e.f. 5-4-2016).
9. The second proviso omitted by s. 13, ibid. (w.e.f. 5-4-2016).
10. Ins. by Act 38 of 1986, s. 4 (w.e.f. 5-9-1977).
10
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.