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1[17A. Family pensions and gratuities.- 2[3[(1)] Where a Judge who, being in service on or after the 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[and thereafter at the rate of thirty per cent of his salary 7***. 8[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 9*** 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; (ii) the amount of gratuity shall be calculated on the basis of 10[ten days'] salary for 11[each completed six months period] of service as a Judge; 12*** 1* * * * * Explanation.-In 2[sub-section (3)], the expression "Judge" has the same meaning as in section 14.] 1. Ins. by Act 50 of 1961, s. 3 (retrospectively). 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 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). 7. 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). 8. Ins. by s. 2, ibid. (w.e.f. 1-1-1996). 9. The words and figures "Part II or" omitted by Act 13 of 2016, s. 11 (w.e.f. 5-4-2016). 10. Subs. by Act 7 of 1999, s. 4, for "twenty days'" (w.e.f. 1-1-1996). 11. Subs. by s. 4, ibid., for "each completed year" (w.e.f. 1-1-1996). 12. The word "and" omitted by 20 of 1988, s. 2 (w.e.f. 1-1-1986).    |
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