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HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT

Ministry of Law and Justice

Act nº 28 of 1954


  • Chapter I. Preliminary
  • Chapter II
  • Chapter III. Salaries and Pensions
  • Chapter IV
  • Schedules
  • Amending Acts
  • Act nº 28 of 1954

Preamble

THE HIGH COURT JUDGES (1 [SALARIES AND] CONDITIONS OF SERVICE) ACT, 1954

[Act, No. 28 of 1954]

[20th May, 1954]

PREAMBLE

An Act to regulate 2 [salaries and certain conditions of service] of the Judges of High Courts 3 [* *]

Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:

1. Inserted By The The High Court And Supreme Court Judges (Conditions Of Service) Amendment Act, 1998 (18 Of 1998) w.r.e.f 01.01.1996

2. Substituted for "certain conditions of service" By The The High Court And Supreme Court Judges (Conditions Of Service) Amendment Act, 1998 (18 Of 1998) w.r.e.f 01.01.1996.

3. The words "in Part A States" were omitted by 3 A. L. O., 1956.


Chapter I
Preliminary

1. The Act has been extended to and enforced in the State of Sikkim--See Gaz. of Ind., 16-5-1975, Part II, Section 3(ii), Extra., pp. 1213, 1227.


Section 1. Short title

This Act may be called The High Court Judges 1 ["(Salaries andConditions of Service)] Act, 1954.

1.Substituted for "(Conditions of Service)" By The The High Court AndSupreme Court Judges (Conditions Of Service) Amendment Act, 1998 (18 Of 1998)w.r.e.f 01.01.1996.


Section 2. Definitions

(1) In this Act, unless the context otherwise requires,--

(a) "acting Chief Justice" means a Judge appointed under article 223 ofthe Constitution to perform the duties of the Chief Justice;

(b) "acting Judge" means a person1 [* * *] appointed to act asa Judge under subsection (2) of section 222 of the Government of India Act,1935 2 [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 otherfunctions as he may, at the request of the President of India, undertake todischarge;

(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 oneHigh 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 hocJudge under article 127 of the Constitution; and

(vi) vacation (excluding any time during which the Judge was absent on leave takenby a Judge as a Judge of a former Indian High Court;

(d) "additional Judge" means a person3 [* * *] appointed as anadditional Judge under sub-section (3) of section 222 of the Government ofIndia Act, 1935 2 [or under clause (1) of article 224 of theConstitution];

(e) "former Indian High Court means the High Court at Rangoon, the High Courtat Lahore, the Chief Court of Sind or the Judicial Commissioner's Court ofNorth-West Frontier Province;

(f)"High Court" means a High Court 4 [for a State] andincludes a High Court which was exercising jurisdiction 5 [in a PartA State or] in the corresponding Province before the commencement of theConstitution;

(g)"Judge" means a Judge of a High Court and includes the Chief Justice, 6 [an acting Chief Justice, an additional Judge and an acting Judgeof the High Court];

7 [(gg) "pension"means a pension of any kind whatsoever payable to or in respect of a Judge, andincludes any gratuity or other sum or sums so payable by way of death orretirement benefits.]

(h)"service for pension" includes--

(i)actual service;

8 [(ii) the amount actuallytaken of each period of a leave on full allowances at a rate equal to themonthly 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 servicefor any period or period as acting Judge or additional Judge or as a Judge of aformer Indian High Court shall be reckoned as service as a Judge but, save asotherwise expressly provided, previous service as an acting Chief Justice shallnot be reckoned as service as Chief Justice.

(3)Any period of leave taken by a Judge before the commencement of this Act underthe rules then applicable to him as an acting Judge, additional Judge or aJudge shall, for the purposes of this Act, be treated as if it were leave takenby him under this Act.

(4)Any period of leave taken by a Judge while serving as a Judge of a formerIndian High Court before his appointment to a High Court shall, for thepurposes of this Act, be treated as if it "were leave taken by him underthis Act.

1.Words "who was", omitted by 3 A.L.O., 1956.

2.Added by 3 A.L.O., 1956.

3.Words "who was", were omitted by 3 A. L. O., 1956.

4.Substituted for "in anyPart A State" by 3 A. L.O., 1956.

5.Inserted by 3 A. L. O., 1956.

6.Substituted for "and actingChief Justice of aHigh Court"by the High Court Judges (Conditionsof Service) Amendment Act, 1958 (46 of 1958), Section 2 (with retrospective effectfrom 1-11-1956).

7.Inserted, and deemed always to have been inserted by Act 50 of 1961, Section 2.

8.Inserted byHigh Court andSupreme Court Judges (Conditions of Service) Amendment Act, 1980 (57 of 1980), Section 2 (10-12-1980).


Chapter II

Section 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--

1[(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.

1. Substituted for clause (a) by Act 78 of 1971, Section 3 (15-1-1972).


Section 4. Leave account showing the amount of leave due

(1)A leave account shall be kept for each Judge showing therein the amount ofleave 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;1[***]

(ii)where the Judge, by reason of his having been detained for the performance ofduties not connected with the High Court, cannot enjoy any vacation which hewould otherwise have been entitled to enjoy had he not been so detained, ascompensation for the vacation not enjoyed, a period equal to double the periodby which the vacation enjoyed by him in any year falls short of one month; and

1[(iii) where the Judge had,prior to his appointment as such, held any pensionable post under the Union ora State, the period of leave earned by him in the said post, 2[and]]

(b)There shall be debited to him all leave without allowances taken by him.

1.Word "and "occurring at the end of sub-clause (i) omitted and sub-clause(iii) inserted by the H. C. and S.C. Judges (Conditions of Service) Amendment Act (38 of 1986), Section 2 (1-11-1986).

2.Substituted for "so, however, that such period shall not exceed [twohundred and forty days] in terms of leave on full allowances;" by TheHigh Court andSupreme Court Judges (Salaries and Conditions of Service) Amendment Act, 1998.(7 of 1999) w.e.f.08.01.1999


Section 4A. Leave encashment

1 [4A. Leave encashment.--

AJudge shallbe entitled in his entire service, including the period of servicerendered in a pensionable post under the Union or State or on re-employment, ifany, to claim the cash equivalent of leave salary onhis retirementin respect of the period of earned leave at his credit, to the extent ofthe maximum period prescribed for encashment of such leave under the All IndiaService (Leave) Rules, 1955.]

1.Inserted by the High Court and Supreme Court Judges (Salariesand Conditions of Service) Amendment Act, 1998.(7 of 1999) w.e.f.08.01.1999.


Section 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)1[Subject to the provisions of sub-section (2) of section 5 A, 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.

1. Substituted for the words "The maximum period of leave which may be granted" by Act 78 of 1971, Section 4 (15-1-1972).


Section 5A. Commutation of leave on half allowances into leave on full allowances

1[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.]

1. Inserted by Act 78 of 1971, Section 5 (15-1-1972).


Section 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 months1[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.

1. Substituted for the words "and not more than once" by the High Court Judges (Conditions of Service) Amendment Act, 1958 (46 of 1958), Section 3 (w.r.e.f. 1-11-1956).


Section 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.

Section 8. Extraordinary leave

1[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.

1. Substituted for the words "extraordinary leave, not exceeding six months in duration may be granted to a Judge not more than once" by the High Court Judges (Conditions of Service) Amendment Act, 1958 (46 of 1958); Sec. 4 (w.r.e.f. 1-11-1956).


Section 9. Leave allowances

(1)The monthly rate of leave allowances payable to a Judge while on leave on fullallowances shall be 1 [for the first forty-five days of such leave] arate equal to the monthly rate of his salary, 2 [and thereafter, inthe case of the Chief Justice, fifty-five per cent of the monthly rate of hissalary and in the case of each of the other Judges, sixty per cent of themonthly rate of his salary]

3 [Provided that where leaveon full allowances is granted to a Judge on medical certificate, the monthlyrate of leave allowances shall, for the first one hundred and twenty days ofsuch leave, be 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 halfallowances shall be one thousand one hundred and ten rupees.

1.Substituted for the words 'forthe first month of such leave' by Act 78 of 1971, Section 6 (15-1-1972).

2.Substitutedfor the words "and thereafter two thousand two hundred and twentyrupees" insub-sec. (1) and words "onethousand one hundred and ten rupees" in sub-section (2) respectively by the High Court and Supreme CourtJudges (Conditions of Service) Amendment Act, 1980 (32 of 1989), Section 3 (w.r.e.f. 1-4-1986).

3.Added by the High Court and Supreme CourtJudges (Conditions of Service) Amendment Act, 1980 (57 of 1980), Section 3(10-12-1980).


Section 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.