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[Rs.43,890] per annum for each completed year of service;

(b) for service as any other Judge in any High Court, 5[Rs.34,350] per annum for each completed year of service: Provided that the pension under this paragraph shall in no case exceed 6[Rs.5,40,000] per annum in the case of a Chief Justice and 7[Rs.4,80,000] per annum in the case of any other Judge].

8* * * * *

9[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.

10*****

11[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.]

12* * * * *

13*** 13

Part III

1. The provisions of this Part apply to a Judge who has held any 1[pensionable post] under the Union or 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 2[Rs. 16,020] per annum in respect of each completed year of service for pension, 3***

4[Provided that the pension under clause (a) and the additional pension under clause (b) together shall shall in no case exceed 5[Rs. 5,40, 000] per annum in the case of a Chief Justice and 5[Rs.4,80,000] per annum in the case of any other Judge.]

6* * * * *

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 s. 7, ibid., for "16,725" (w.e.f. 1-1-2006).

6. Subs. by s. 7, ibid., for "Rs. 2, 70, 000" (w.e.f. 1-1-2006).

7. Subs. by s. 7, ibid., for "Rs. 2, 34, 000" (w.e.f. 1-1-2006).

8. Omitted by Act 20 of 1988, s. 4 (w.e.f. 1-11-1986).

9. Subs. by s. 4, ibid., for para 6 (w.e.f. 1-11-1986).

10. Omitted by Act 13 of 2016, s. 17 (w.e.f. 5-4-2016).

11. Added by Act 46 of 1958, s. 10 (w.e.f. 1-11-1996).

12. Omitted by Act 20 of 1988, s. 4 (w.e.f. 1-11-1986).

13. Part II omitted by Act 13 of 2016, s. 17 (w.e.f. 5-4-2016).

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