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

ARRANGEMENT OF SECTIONS 

SECTIONS 

1.  Short title. 
2.  Definitions. 

CHAPTER I 
PRELIMINARY 

CHAPTER II 
LEAVE 

3.  Kinds of leave admissible to a judge. 
4.  Leave account showing the amount of leave due. 
4A. Leave encashment. 
5.  Aggregate amount of leave which may be granted. 
5A. Commutation of leave on half allowances into leave on full allowances. 
6.  Grant of leave not due. 
7.  Special disability leave. 
8.  Extraordinary leave. 
9.  Leave allowances. 
10.  [Omitted.] 
11.  Combining leave with vacation. 
12.  Consequences of overstaying leave or vacation. 
13.  Authority competent to grant leave, etc. 

CHAPTER III 
SALARIES AND PENSIONS 

13A. Salaries of the Judges. 
14.  Pension payable to Judges. 
14A. Benefit of added years of Service. 
15.  Special provision of pension in respect of Judges who are members ofservice. 
16.  Power of President to add to the service for pension. 
17.  Extraordinary pensions. 
17A. Family pensions and gratuities. 
17B. Additional quantum of pension or family pension. 
18.  [Omitted.] 
19.  Commutation of Pensions. 
20.  Provident Fund. 
20A.Deposit Linked Insurance Scheme. 
21.  Authority competent to grant pension. 

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SECTIONS 

CHAPTER IV 
MISCELLANEOUS 

22.  Travelling allowances to a Judge. 
22A. Facility of rent-free houses. 
22B.Conveyancefacilities. 
22C. Sumptuary allowance. 
22D.Exemption from liability to pay income-tax on certain perquisites received by a Judge. 
23.  Facilities for medical treatment and other conditions of service. 
23A. Vacation of High Courts. 
23B.[Omitted.] 
23C. Special provisions in respect of Judges transferred from the High Court of Jammu and Kashmir. 
23D. Medical facilities for retired Judges. 
24.  Power to make rules. 
25.  [Omitted.] 

THE FIRST SCHEDULE.—PENSIONS OF JUDGES. 
THE SECOND SCHEDULE.—INJURY GRATUITIES AND PENSIONS. 

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THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1954 
ACT NO. 28 OF 1954 

An Act to regulate 1[salaries and certain conditions of service] of the Judges of High 

[20th May, 1954.] 

Courts2*** 

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

CHAPTER I 

PRELIMINARY 

1. Short title.—This Act may be called the High Court Judges  3[(Salaries and Conditions of Service)] 

Act, 1954. 

2. Definitions.—(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  4***  appointed  to  act  as  a  Judge  5***  6[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; 

(i) 
(ii) 

vacations, excluding any time during which the Judge is absent on leave; 
Joining time on transfer from a High Court to the Supreme Court or from one High Court 

to another or from the Supreme Court to a High Court; 

(iii) 
(iv) 

time spent by a Judge on duty as a Judge of a former Indian High Court; 

time spent by a Judge to attend the sittings of the Supreme Court as an ad hoc Judge under 

article 127 of the Constitution; and 

(v) vacation (excluding any time during which the Judge was absent on leave) taken by a Judge as a 
Judge of a former Indian High Court; 
(b) 

“additional Judge” means a person 4*** appointed as an additional Judge  7*** 8[under clause 

(1) of article 224 of the Constitution]; 
9* 
(f) 

* 
“High  Court”  means  a  High  Court  10[for  a  State]  and  includes  a  High  Court  which  was 
exercising Jurisdiction 11[in a Part A State or] in the corresponding Province before the commencement of 
the Constitution; 

* 

* 

* 

(g) 

“Judge”  means  a  Judge  of  a  High  Court  and  includes  the  Chief  Justice  12[an  acting  Chief 

Justice, an additional Judge and an acting Judge of the High Court]; 

1.Subs. by Act 18 of 1998, s. 2, for “certain conditions of service” (w.e.f.1-1-1996). 
2. The words and letter “in Part A States” omitted by the Adaptation of Laws (No. 3) Order, 1956 (w.e.f.1-11-1956). 
3. Subs. by Act 18 of 1998, s. 3, for “(Conditions of Service)” (w.e.f.1-1-1996). 
4. The words “who was” omitted by the Adaptation of Laws (No. 3) Order, 1956 (w.e.f.1-11-1956). 
5. The words, brackets and figures “under sub-section (2) of section 222 of the Government of India Act, 1935 or” Omitted by Act    

13 of 2016, s. 2 (w.e.f.5-4-2016). 

6. The words, brackets and figures “or under clause (2) of article 224 of the Constitution” were inserted by the Adaptation of Laws 

(No.3) Order, 1956 (w.e.f.1-11-1956). 

7. The words, brackets and figures “under sub-section (3) of section 222 of the Government of India Act, 1935 or” omitted by Act 

13 of 2016, s. 2 (w.e.f.5-4-2016). 

8. The words, brackets and figures “under clause (1) of article 224 of the Constitution” were inserted by the Adaptation of Laws 

(No.3) Order, 1956 (w.e.f.1-11-1956). 

9. Clause (e) omitted by Act 13 of 2016, s. 2 (w.e.f.5-4-2016). 
10.Subs. by the Adaptation of Laws (No.3) Order, 1956, for “in any Part A State” (w.e.f.1-11-1956). 
11. Ins. by Adaptation of Laws (No.3) Order, 1956 (w.e.f.1-11-1956). 
12. Subs. by Act 46 of 1958, s. 2, for “and acting Chief Justice of a High Court” (w.e.f.1-11-1956). 

3 

 
                                                      
 
1[(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;] 

(h) “service for pension” includes— 

(i) actual service; 

2[(ii) the amount, actually taken, of each period of leave on full allowances at a rate equal to 

the monthly rate of the 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,  3[service for  any  period  or  periods  as 
acting Judge or additional Judge] shall be reckoned as service as a Judge but, save as otherwise expressly 
provided, previous service as an acting Chief Justice shall not be reckoned as service as Chief Justice. 

4* 

* 

  * 

* 

* 

CHAPTERII 

LEAVE 

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— 

5[(a) leave on full allowances (including commuted leave on half allowances into leave or 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. 

6[(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;7*** 

(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  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 

 1. Ins. by Act 50 of 1961, s. 2 (w.e.f. 20-5-1954). 
 2. Subs. by Act 57 of 1980, s. 2, for sub-clause (ii) (w.e.f. 10-12-1980). 
 3. Subs. by Act 13 of 2016, s. 2, for certain words (w.e.f.5-4-2016). 
 4. Sub-sections (3) and (4) omitted by s. 2, ibid. (w.e.f. 5-4-2016). 
5. Subs. by Act 78 of 1971, s. 3, for clause (a) (w.e.f. 15-1-1972).  
6. Ins. by Act 13 of 2016, s. 3 (w.e.f.5-4-2016). 
7.The word “and” omitted by Act 38 of 1986, s. 2 (w.e.f.1-11-1986). 

4 

 
 
 
                                                      
 
1[(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, 2*** and] 

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

3[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 4[in respect of the period of leave at his credit, calculated 
calculated on full allowances basis,] to the extent of the maximum 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  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, credited to his leave account under 
sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed. 

(3) 5[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. 

6[5A.  Commutation  of 

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. 

leave  on  half  allowances 

into 

(2) In computing the maximum period of leave on full allowances which may be granted at one time 
to 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  7[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.—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. 

1. Ins. by Act 38 of 1986, s. 2 (w.e.f. 1-11-1986). 
2. The words “so, however, that such period shall not exceed two hundred and forty days in terms of leave on full allowances” 
omitted by Act 7 of 1999, s. 2 (w.e.f. 8-1-1999). 
3. Ins. by s. 3, ibid. (w.e.f. 8-1-1999). 
4. Subs. by Act 13 of 1971, s. 4, for “in respect of the period of earned leave at his credit” (w.e.f. 5-4-2016). 
5. Subs. by Act 78 of 1971, s. 4, for “the maximum period of leave which may be granted” (w.e.f. 15-1-1972). 
6. Ins. by s. 5, ibid. (w.e.f. 15-1-1972) 
7. Subs. by Act 46 of 1958, s. 3, for “and not more than once” (w.e.f. 1-11-1956). 

5 

 
 
 
 
 
 
                                                      
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. 

2[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.[Allowances for joining time.]Omitted by the High Court and the Supreme Court Judges (Salaries 

and Conditions of Service) Amendment Act, 2016 (13 of 2016), s. 6 (w.e.f. 5-4-2016). 

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 a 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 maybe: 

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. 

CHAPTER III 

3[SALARIES AND PENSIONS] 

4[13A. Salaries of the Judges.—(1) There shall be paid to the Chief Justice of a High Court, by way 

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 

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). 

6 

 
 
 
                                                      
 
(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 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  
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). 

7 

 
   
 
 
 
                                                      
 
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 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; 

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). 
  10. The words and figures “Part II or” omitted by Act 13 of 2016, s. 11 (w.e.f. 5-4-2016). 

8 

 
 
                                                      
(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.—In 5[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 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 

7[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.] 

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 

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). 

9 

 
                                                      
 Judge whether he subscribes to the General Provident Fund (Central Services) or any other Provident 

Fund referred to in section20]. 

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. 

CHAPTER IV 

MISCELLANEOUS 

22. Travelling  allowances  to  a  Judge.—Every  Judge  shall  receive  such  reasonable  allowances  to 
reimburse  him  for  expenses  incurred  in  travelling  on  duty  within  the  territory  of  India  and  shall  be 
afforded such reasonable facilities in connection with travelling as may, from time to time, be prescribed. 
 1[22A. Facility of rent-free houses.—(1) Every Judge shall be entitled without payment of rent to 
the use of an official residence in accordance with such rules as may, from time to time, be made in this 
behalf. 

2[(2) Where a Judge does not avail himself of the use of an official residence, he may be paid every 
month  an  allowance  equivalent  to  an  amount  of  twenty-four  per  centum  of  the  salary  which  shall  be 
increased at the rate of— 

(a) twenty-seven per centum, when Dearness Allowance crosses twenty-five per centum; and 

(b) thirty per centum, when Dearness Allowance crosses fifty per centum]. 

3[22B.Conveyance facilities.—Every Judge shall be entitled to a staff car and 4[two hundred liters of  

of  fuel every month or the actual consumption of fuel] per month, whichever is less. 

5[22C.Sumptuary allowance.—The Chief Justice and each of the other Judges of every High Court 
shall be entitled to a sumptuary allowance of 6[thirty-four thousand" and "twenty-seven thousand] rupees 
per month respectively.]] 

7[22D.Exemption from liability to pay income-tax on certain perquisites received by a Judge.— 

Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961),— 

(a)  the value of rent-free official residence provided to a Judge under sub-section (1) of section 

22A or the allowance paid to him under sub-section (2) of that section; 

(b) the value of the conveyance facilities provided to a Judge under section22B; 

(c) the sumptuary allowance provided to a Judge under section22C; 
8[(d) the value of leave travel concession provided to a judge and members of his family,] 

shall not be included in the computation of his income chargeable under the head “Salaries” under section 
15 of the Income- tax Act 1961 (43 of 1961).] 

23. Facilities  for  medical  treatment  and  other  conditions  of  service.—(1)  Every  Judge  and  the 
members of his family shall be entitled to such facilities for medical treatment and for accommodation in 
hospitals as may, from time to time, be prescribed. 

(2) The conditions of service of a Judge for which no express provision has been made in this Act 

shall be such as may be determined by rules made under this Act. 

(3) This section shall be deemed to have come into force on the 26th January, 1950 and any rule made 

   1.  Ins. by Act 35 of 1976, s. 4 (w.e.f. 1-10-1974). 
   2. Subs. by Act 10 of 2018, s. 3, for sub-section (2) (w.e.f. 1-7-2017). 

3. Subs. by Act 38 of 1986, s. 5, for sub-sections 22B and 22C (w.e.f.1-11-1986).  

   4. Subs. by Act 20 of 1996, s. 4, for “one hundred and fifty liters of petrol every month or the actual consumption of Petrol”                 

( w.e.f. 11-1-1996). 

  5. Subs. by Act 23 of 2009, s. 6, for section 22C (w.e.f. 1-1-2006). 
  6. Subs. by Act 10 of 2018, s. 4, for "fifteen thousand" and "twelve thousand" (w.e.f. 22-9-2017). 
  7. Subs. by Act 20 of 1988, s. 3, for section 22D (w.e.f. 1-11-1986).  
  8. Ins. by Act 2 of 1994, s. 2 (w.e.f. 1-4-1986). 

10 

 
 
                                                      
under this section may be made so as to be retrospective to any date not earlier than the commencement  
of this section. 

1[23A. Vacation of High Courts.—(1) Every High Court shall have a vacation or vacations for such 

period or periods as may, from time to time, be fixed by the President, by order notified in this behalf in 
the Official Gazette, and every such order shall have effect notwithstanding anything contained in any 
other law, rule or order regulating the vacation of the High Court. 

(2) Every order made under sub-section (1) shall be laid before each House of Parliament. 

23B.[Special provisions in respect of continuing Judges.]Omitted by the High Court and the Supreme 
Court Judges (Salaries and Conditions of Service) Amendment Act, 2016 (13 of 2016), s. 14 (w.e.f. 5-4- 
2016). 

2[23C. Special provisions in respect of Judges transferred from the  High Court of Jammu and 
Kashmir.—(1)  In  the  calculation  of  service  for  pension  of  a  Judge  of  the  High  Court  of  Jammu  and 
Kashmir  transferred  to  any  other  High  Court,  his  service  for  pension  as  a  Judge  of  the  High  Court  of 
Jammu and Kashmir shall also be reckoned as service for pension under this Act. 

(2) In the calculation of the amount of leave at the credit of a Judge of the High Court of Jammu and 
Kashmir transferred to any other high Court, the amount of leave due to him as a Judge of the High Court 
of Jammu and Kashmir shall be added to the amount of leave at his credit under this Act.] 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs) 

Section 23C.—Omit 

[Vide  Union  Territory  of  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020, 
notification  No.  S.O.  1123(E),  dated  (18-3-2020)  and  Vide  Union  Territory  of  Ladakh  Reorganisation 
(Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 

3[23D.  Medical  facilities  for  retired  Judges.—(1)  Every  retired  Judge  shall,  with  effect  from  the 
date  on  which  the  High  Court  Judges  (Conditions  of  Service)  Amendment  Act,  1976  (35  of  1976) 
receives  the  assent  of  the  President,  be  entitled,  for  himself  and  his  family,  to  the  same  facilities  as 
respects medical treatment and on the same conditions as a retired officer of the Central Civil Services, 
Class  I,  and  his family,  are  entitled  under  any  rules and  orders of  the  Central Government  for  the time 
being in force. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1)  but  subject  to  such  conditions  and 
restrictions  as  the  Central  Government  may  impose,  a  retired  Judge  of  the  High  Court  for  a  State  may 
avail, for himself and his family, any facilities for medical treatment which the Government of that State 
may extend to him.] 

24. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) leave of absence of a Judge; 

4[(aa) the number of casual leaves and the conditions subject to which it may be allowed under 

sub-section (3) of section 3;] 

 1. Ins. by Act 46 of 1958, s. 7 (w.e.f. 1-11-1956). 
 2. Ins. by Act 27 of 1964, s. 3 (w.e.f.20-5-1954). 
 3. Ins. by Act 35 of 1976, s. 5 (w.e.f.1-10-1974). 
 4. Ins. by Act 13 of 2016, s. 15 (w.e.f.5-4-2016). 

11 

 
                                                      
(b) pension payable to a Judge; 

(c) travelling allowances to a Judge; 

1[(ca) use of official residence by a Judge under sub-section (1) of section 22A;] 

(d) facilities for medical treatment and other conditions of service of a Judge; 

(e) any other manner which has to be, or may be, prescribed. 

2[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.] 

25. [Savings.]Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of 

Service) Amendment Act, 2016 (13 of 2016), s. 16 (w.e.f.5-4-2016). 

   1. Ins. by Act 35 of 1976, s. 6 (w.e.f.1-10-1974). 
 2. Subs. by s. 6, ibid., for sub-section (3) (w.e.f.1-10-1974). 

12 

 
 
 
                                                      
THE FIRST SCHEDULE 

(See sections 14 and 15) 

PENSIONS OF JUDGES 

PART I 

1[1. The provisions of this Part apply to a Judge who has not held any other pensionable post under 
the Union or a State or a Judge who having held any other pensionable post under the Union or a State  

has elected to receive the pension payable under this Part.] 

2[2. Subject to the other provisions of this Part, the pension payable to a Judge to whom this Part 

applies 3*** for pension shall be,— 

(a)  for service as Chief Justice in any High Court, 4[5[Rs. 1,21,575]] per annum for each 

completed year of service; 

(b)  for  service  as  any  other  Judge  in  any  High  Court,  6[7[Rs.  96,524]  ]  per  annum  for  each 

completed year of service: 
Provided that the pension under this paragraph shall in no case exceed  8[9[Rs. 15,00,000] ] per annum 
annum annum in the case of a Chief Justice and 10[11[Rs. 13,50,000] ] per annum in the case of any other 
Judge]. 

12*                                   *                              * 
* 
13[6. A Judge who has rendered service for pension both as Chief Justice and other Judge in any High 
Court  may  claim  that  any  period  of  service  of  less  than  a  completed  year  rendered  by  him  as  Chief 
Justice,  or  any  portion  of  any  such  period,  shall  be  treated  for  the  purposes  of  paragraph  2  as  service 
rendered by him as other Judge]. 

                   *             

7. For the purposes of this Part, service as an acting Chief Justice of a High Court or as an  ad hoc 
Judge of the Supreme Court, shall be treated as though it were service rendered as Chief Justice of a High 
Court. 
14* 
15[Provided that nothing in this paragraph shall apply— 


(a) to an additional Judge or acting Judge; or 
 (b) to a Judge who 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 under the Union or a State.]  

16*

 1. Subs. by Act 13 of 2016, s. 17, for paragraph 1 (w.e.f. 5-4-2016) 
 2. Subs. by Act 20 of 1988, s. 4, for para 2 (w.e.f. 1-11-1986). 
 3. The words “and who has completed not less than seven years of service” omitted by Act 13 of 2016, s. 17 (w.e.f. 5-   

4-2016). 

 4. Subs. by Act 23 of 2009, s. 7, for “Rs. 21,945” (w.e.f. 1-1-2006). 
 5. Subs. by Act 10 of 2018, s. 5, for "Rs. 43,890" (w.e.f. 1-1-2016). 
 6. Subs. by Act 23 of 2009, s. 7, for “16,725” (w.e.f. 1-1-2006). 
 7. Subs. by Act 10 of 2018, s. 5, for "Rs. “Rs. 34,350” (w.e.f. 1-1-2016). 
 8. Subs. by Act 23 of 2009, s. 7, for “Rs. 2, 70, 000” (w.e.f. 1-1-2006). 
 9. Subs. by Act 10 of 2018, s. 5, for “Rs. 5, 40, 000” (w.e.f. 1-1-2016). 
10. Subs. by Act 23 of 2009, s. 7, for “Rs. 2, 34, 000” (w.e.f. 1-1-2006). 
11. Subs. by Act 10 of 2018, s. 5, for “Rs. 4, 80, 000” (w.e.f. 1-1-2016). 
12. Paragraphs 3 to 5 omitted by Act 20 of 1988, s. 4 (w.e.f. 1-11-1986). 
13. Subs. by s. 4, ibid., for para 6 (w.e.f. 1-11-1986). 
14. Paragraphs 8 and 9 omitted by Act 13 of 2016, s. 17 (w.e.f. 5-4-2016). 
15. Ins. by Act 46 of 1958, s. 10 (w.e.f. 1-11-1996). 
16. Paragraphs 10 and 11 omitted by Act 20 of 1988, s. 4 (w.e.f. 1-11-1986). 

13 

 
 
 
 
 
 
 
 
 
                                                      
1*** 
PART III 
1. The provisions of this Part apply to a Judge who has held any 2[pensionable post] under the Union or a 
a  State  (but  is  not  a  member  of  the  Indian  Civil  Service)  and  who  has  not  elected  to  receive  the  pension 
payable under Part I. 

2. The pension payable to such a Judge shall be— 

(a) the pension to  which he is entitled 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  a 
calculating that pension; and 

(b) a special additional pension of  3[4[Rs. 45,016] ] per annum in respect of each completed year 

of service for pension,5*** 
6[Provided that the pension under clause (a) and the additional pension under clause (b) together shall 
shall in no case exceed 7[8[Rs. 15,00,000]] per annum in the case of a Chief Justice and 8[9[Rs. 13,50,000] 
13,50,000] ] per annum in the case of any other Judge.] 

10* 

* 

* 

* 

* 

 1. Part II omitted by Act 13 of 2016, s. 17 (w.e.f. 5-4-2016). 
 2. Subs. by Act 57 of 1980, s. 6, for “Civil Pensionable post” (w.e.f. 10-12-1980). 
 3. Subs. by Act 23 of 2009, s. 7, for “Rs. 7,800” (w.e.f. 1-1-2006). 
 4. Subs. by Act 10 of 2018, s. 5, for “Rs. 16,020” (w.e.f. 1-1-2016). 
 5. Certain words omitted by Act 46 of 1958, s. 6 (w.e.f. 1-1-1996). 
 6. Ins. by Act 20 of 1988, s. 4 (w.e.f. 1-11-1986). 
 7. Subs. by Act 23 of 2009, s. 7, for “Rs. 2, 70,000” and “Rs. 2, 34,000” (w.e.f. 1-1-2006) 
 8. Subs. by Act 10 of 2018, s. 5, for “Rs. 5,40,000" (w.e.f. 1-1-2016). 
 9.Subs. by s. 5, ibid., for "Rs. 4,80,000" (w.e.f. 1-1-2016) 
10. Paragraphs 3 and 4 omitted by Act 20 of 1988, s. 4 (w.e.f. 1-11-1986) 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
THE SECOND SCHEDULE 

(See section 17) 

INJURY GRATUITIES AND PENSIONS 

Officer 

Gratuity 

Annual Pension 

1. Chief Justice 

2. Any other Judge 

Higher Scale Lower Scale 

Rs. 

20,000 

13,500 

Rs. 

5,400 

4,700 

Rs. 

4,700 

4,000 

FAMILY GRATUTIES AND PENSIONS 

A. Widow 

Officer 

Gratuity 

Annual Pension 

1. Chief Justice 
2. Any other Judge 

Officer 

1. Chief Justice 
2. Any other Judge 

Rs. 

15,000 
13,500 

Rs. 

5,000 
4,000 

B. Children 

Annual Pension 

If motherless 

if not motherless   

Rs. 

550 
550 

Rs. 

320 
320 

15 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
