1. Short title :- This Act may by called the High Court Judges **(Salaries and Conditions of Service) Act ,1954

** Subs. by Act No. 18 of 1998.

2. Definition :- (1) In this Act, unless the context otherwise requires-

(a) "Acting Chief Justice" means a Judge appointed under article 223 of the Constitution to perform the duties of the Chief Justice :

(b) " Acting Judge "means a person appointed to act as a Judge under sub-section (2) of section 222 of the Government of India Act. 1935 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 other functions as he may, at the request of the President of India, undertake to discharge;

@[ Justice P. Venugopal Vs. Union of India & Ors. 2003 (7) S.C.C. , 726. ]

(v) time spent by a Judge to attend the sitting of the Supreme Court as an ad-hoc Judge, under article 127 of the Constitution; and

(vi) vacations (excluding any time during which the Judge was absent on leave) taken by a Judge as a Judge of a former Indian High Court.

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

* Subs. by Act No. 46 of 1958; an acting Chief Justice . . . . . . . . . . .of the High Court.

%(gg) 'Pension' means a pension of any kind whatsoever payable to or in respect of a Judge, and includes any gratuity or other sum or sums so payable by way of death or retirement benefits;

% Added by Act No. 50 of 1961; in sub- section 1 of section 2 after clause (g).

(h) 'Service for pension' includes -

(i) actual service;

* Subs. by Act No. 78 of 1971; forty five days.

(iii) joining time on return from leave out of India;

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

4. Any period of leave taken by a Judge while serving as a Judge of a former Indian High Court before his appointment to a High court shall for the purposes of this Act be treated as if it were leave taken by him under this Act.

3.(1) Subject to the provisions of this Act, leave granted to a Judge may be at his option either:

*(a) leave on full allowances (including commuted leave on half allowances into leave on full allowances on medical certificate); or

* Subs. by Act No. 78 of 1971; leave on full allowances . . . . . .or.

2. For the purpose of this Chapter, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances.

(a) there shall be credited to him-

(i) One-fourth of the time spent by him on actual service; +

+ Omitted by Act No. 38 of 1986; the word “and” occurring at the end.

(ii) where the Judge, by reason of his having been detained for the performance of duties not connected with the High 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; and

%(iii) where the Judge had, prior to his appointment as such, held any pensionable post under the Union or a State, the. period of leave earned by him in the said post, + (----------) and"

% Ins. by Act No. 38 of 1986; after sub- clasue (ii)

+ Omitted by Act. No. 7 of 1999; in sec.4, in sub-section (2), in clause (a), in sub-clause (iii), the words “so, however, that such period . . . . . . . . . . . . full allowances

(b) there shall be debited to him all leave with allowances taken by him.

%4A. Leave encashment :- A Judge shall be entitled in his entire service, including the period of service rendered in a pensionable post under the Union or 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 Service (Leave) Rules, 1955.

% Ins. by Act No. 7 of 1999; After Section 4.

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 spent by him in 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) 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.

* Sub. by Act No. 78 of 1971; Subject to the provisions . . . . . . . . . . .granted.

%5-A. 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 upto a maximum of three months during the whole period of his service, as a Judge.

% Ins. by Act No. 78 of 1971; after section 5.

(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 not more than 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:

* Subs. by Act No. 46 of 1958; in section 6, or for two or more periods. . . . . . .six months.

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. Specially 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 Services, 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 consequence of his official position. shall apply in relation to a Judge.

8. Extra Ordinary 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 during, or in respect, of, such leave.

* Subs. by Act No. 46 of 1958; Extraordinary leave. . . . . . . . .six months.

%9. 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 his salary , @ and thereafter in the case of the Chief Justice, fifty-five per cent of the monthly rate of his salary and in the case of each of the other Judges, sixty per cent of the monthly rate of his salary.

* Subs. by Act No. 78 of 1971; for the first forty-five days of such leave. @ Subs. by Act No. 32 of 1989; and thereafter. . . . . . . . . .salary.

%[ Union of India Vs. Justice S.S. Sandhawalia (Retd. ) & Ors. 1994 (2) S.C.C. , 240]

** Provided that where leave on full allowances is granted to a Judge on medical certificate, the monthly rate of leave allowances shall, for the first one hundred and twenty days of such leave, be a rate equal to the monthly rate of his salary.

** Added by Act No. 57 of 1980; Provided that. . . . . . . .salary.

(2) The monthly rate of leave allowances payable to a Judge while on leave on half allowances shall be @ in the case of the Chief Justice, twenty-seven and a half per cent, of the monthly rate of his salary and in the case of each of the other Judges, thirty percent, of the monthly rate of his salary.

@ Sub. by Act No. 32 of 1989; in the case of the Chief Justice. . . . . . . . salary.

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.

11. 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 separate 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.

12. Consequences of overstaying leave or vacation :- If a Judge overstays his leave or any vacation, whether combined with leave or not. he shall receive no salary for the period of his absence in excess of 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.

13. Authority competent to grant leave, etc. :- The authority competent to grant or refuse leave to a Judge or revoke or curtail leave granted to a Judge shall be the Governor of the State in which the principal seat of the High Court is situate, after consultation with the Chief Justice of that High Court.

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-

(a) he has completed not less than twelve years of service for pension: or

(b) he has attained the age of * sixty two years, and, in the case of a Judge holding Office on the 5th day of October, 1963, sixty years or;

* Sub. by Act No. 27 of 1964; sixty - two years, and,. . . . . . . . . . . .sixty years.

@Provided further that if a Judge at the time of his appointment is in receipt of a pension (other than 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.

@ Ins. by Act No. 27 of 1964; Provided further . . . . . . . .pension.

Explanation:- In this section 'Judge' means a Judge who is not a member of the Indian Civil Service or has not held any other * pensionable post under the Union or a State and includes a Judge who being a member of the Indian Civil Service or 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.

* Sub. by Act No. 57 of 1980; pensionable post.

15. Special provision for pension in respect of Judges who are members of service:- (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 scale and provisions in Part II of the First Schedule;

% Ins. by Act No. 35 of 1976; section 15 renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered.

@(b) who is not a member of the Indian Civil Service but has held any other pensionable civil post under the Union or State, shall, on his retirement, be paid a pension in accordance with the scale and provisions in Part III of the First Schedule;

@ [M.L.Jain Vs. Union of India] 1988 (4) S.C.C.121.

Provided that every such Judge shall elect to receive the pension payable to him either under Part I of the First Schedule or, as the case my be, Part II or Part III of the First schedule, and the pension payable to him shall be calculated accordingly .

%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 Part II or, as the case may be, Part III of the First Schedule before the date on which the High Court Judges (Conditions of Service) Amendment Act, 1976, receives the assent of the President cancel such election and elect a fresh 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.

% Ins. by Act No. 35 of 1976; Notwithstanding. . . . . . . . .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 Part II or Part III of the First Schedule.
#[Justice P. Venugopal Vs. Union of India & Ors. ] 2003 (7) S.C.C. , 726.

17. Extra-ordinary 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 reference 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.


%17-A. Family pensions and gratuities :- (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, dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated at the rate of *fifty per cent of his Salary # [ * * * ]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, **and thereafter at the rate of the thirty per cent of his salary
#[***].

% Section 17-A inserted by Act No. 50 of 1961. Sec.17-A renumbered as sub-sec. (1) thereof & sub-sec. (2) and (3) ins. by Act No. 35 of 1976, sub-sec. (1) and (2) again subs. by Act No. 38 of 1986.
* Sub. by Act No. 7 of 2003; fifty per cent. . . . (w.e.f.01.01.1996)
# omitted by Act No. 23 of 2009, w.e.f 1.1.2006
** Sub. by Act No. 7 of 2003; and thereafter. . . .salary (w.e. .f.01.01.1996)


%“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. ”

% Ins. by Act No. 7 of 2003; “Provided. . . .this Act” (w.e.f.01.01.1996)


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 Part II or 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 Part II or Part III of the First Schedule, retired, 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 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 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.

(ii) the amount of gratuity shall be calculated on the basis of * 'ten days' salary for ** each completed six months period of service as a Judge.
* Sub. by Act No. 7 of 1999; ten days

** Sub. by Act No. 7 of 1999; each completed six months period.
(iii)+(. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )
     + Omitted by Act No. 20 of 1988; clause (iii)




Explanation :- In sub-section 3*, the expression 'Judge' has the same meaning as in section 14,

* Subs. by Act No. 38 of 1986; 3.

% 17-B. Additional quantum of pension or famil 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 :-


@17-B. Age of Pensioner or Family Pensioner:-


Age of Pensioner or Family Pensioner : Additional quantum of pension or family pension

From eighty years to less then eighty-five years : Twenty per cent. of basic pension or family pension.
From eighty-five years to less then ninety years : Thirty per cent. of basic pension or family pension

From ninety years to less then ninety-five years : Fourty per cent. of basic pension or family pension

From ninety-five years to less then 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. "

@Inserted by Act No. 23 of 2009, w.e.f 1.1.2006



@18. 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. +. . . . . . . . . . . . . . . .

+ (. . . . . . . . . . . . . . . . . . )

+ Omitted by Act No. 46 of 1958; proviso in section 18.
@ [R.L.Narasimhan Vs. Union of India & Anr. ] 1972 (2) S.C.C. 763



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 Service):

Provided that a Judge who is a member of the Indian Civil Service or 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.


*20-A. 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.

* Ins. by Act No. 38 of 1986; after 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 of India.