The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958

THE SCHEDULE

(See sections 13 and 14)

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 and also apply to a person who was in service as a Judge on the 20th

May, 1954 (28 of 1954), and to a Judge who, having held any other pensionable posts under the

Union or a State, has elected to receive the pension payable under this Part.]

2. Subject to the provisions of this Part, the pension payable to a Chief Justice to whom this Part

applies
2
*** shall be an amount equal to the sum of the following amounts, that is to say,―

(a) an amount equal to the pension which would have been payable to him in accordance with

the scale and provisions in Part 1 of the First Schedule to the High Court Judges (Conditions of

Service) Act, 1954 (28 of 1954), if his service as a Judge had been rendered as the Chief Justice of

a High Court;

(b) an additional amount of
3[

4[Rs. 34,104] ] per annum for each completed year of service as

the Chief Justice of the Supreme Court until he has become entitled to a pension of
5[

6[Rs.

10,34,040] ] per annum, and thereafter an additional amount of
7[

8[Rs. 86,884] ] for each

completed year of such service:

Provided that the aggregate amount of his pension shall in no case exceed
9[

10[Rs. 16,80,000] ]

per annum.

3. The pension payable to any other Judge to whom this part applies
2
*** shall be an amount

equal to the pension which would have been payable to him in accordance with the scale

and provisions in Part 1 of the First Schedule to the High Court Judges (Conditions of Service)

Act, 1954 (28 of 1954), if his service as a Judge had been rendered as the Chief Justice of a High

Court:

11[Provided that the pension under this paragraph shall in no case exceed

12[

13[Rs. 15,00,000] ]

per annum.]

4. If Judge of the Supreme Court who has served as an acting Chief Justice thereof is

subsequently appointed Chief Justice, his service as acting Chief Justice shall, for the purposes of

paragraph 2 of this Part, be treated as service as Chief Justice.

1. Subs. by Act 13 of 2016, s. 28, for Paragraph 1 (w.e.f. 5-4-2016).

2. The words “and who has completed not less than seven years of service for pension as a Judge in India” omitted by

Act 46 of 2005, s. 11 (w.e.f.1-4-2004).

3. Subs. by Act 23 of 2009, s. 13, for “Rs. 6,030” (w.e.f. 1-1-2006).

4. Subs. by Act 10 of 2018, s. 9, for „Rs. 12,180” (w.e.f. 1-1-2016).

5. Subs. by Act 23 of 2009,  s. 13, for “Rs. 1,82,820” (w.e.f. 1-1-2006).

6. Subs. by Act 10 of 2018, s. 9, for “Rs. 3,69,300” (w.e.f. 1-1-2016).

7. Subs. by Act 23 of 2009, s. 13, for “Rs. 15,360” (w.e.f. 1-1-2006).

8. Subs. by Act 10 of 2018, s. 9, for “Rs.31,030” (w.e.f. 1-1-2016).

9. Subs. by Act 23 of 2009, s. 13,  for “Rs. 2,97,000” (w.e.f. 1-1-2006).

10. Subs. by Act 10 of 2018, s.9 for "Rs. 6,00,000" (w.e.f. 1-1-2016).

11. The proviso inserted by Act 20 of 1988, s. 7 (w.e.f. 1-11-1986).

12. Subs. by Act 23 of 2009, s. 13, for “Rs. 2,70,000” (w.e.f. 16-3-2009).

13. Subs. by Act 10 of 2018, s. 9, for "Rs. 5,40,000" (w.e.f. 1-1-2016).

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PART III

1. The provisions of this Part apply to a Judge who has held any
4[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 1.

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 in India being treated as service therein for the

purpose of calculating that pension; and

(b) a special additional pension of
5[

6[Rs. 45,016] ] per annum in respect of each completed

year of service for pension as a Judge in India
7
***.

8[Provided that the pension under clause (a) and the additional pension under clause (b) together

shall in no case exceed
9[

10[Rs. 16,80,000] ] per annum in the case of a Chief Justice and

11[

12[Rs.

15,00,000] ] per annum in the case of any other Judge.]

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*    *     *     *    *

1. Paragraph 5 omitted by Act 46 of 2005, s. 11 (w.e.f. 1-4-2004).

2. Paragraphs 6 and 7 omitted by Act 20 of 1988, s. 7 (w.e.f. 1-11-1986).

3. Part II omitted by Act 13 of 2016, s. 28 (w.e.f. 5-4-2016).

4. Subs. by Act 57 of 1980, s. 9, for “pensionable civil post” (w.e.f. 1-4-1975).

5. Subs. by Act 23 of 2009, s. 13, for “Rs. 7,800” (w.e.f. 1-1-2006).

6. Subs. by Act 10 of 2018, s. 9, for "Rs. 16,020" (w.e.f. 1-1-2016).

7. The certain words omitted by Act 7 of 1999, s. 11 (w.e.f. 1-1-1996).

8. The proviso ins. by Act 20 of 1988, s. 7 (w.e.f. 1-11-1986).

9. Subs. by Act 23 of 2009, s. 13, for “Rs. 2,97,000”(w.e.f. 16-3-2009).

10. Subs. by Act 10 of 2018, s. 9 for "Rs. 6,00,000" (w.e.f. 1-1-2016).

11. Subs. by Act 23 of 2009, s. 13, for “Rs.2,70,000” (w.e.f. 16-3-2009).

12. Subs. by Act 10 of 2018, s. 9 for "Rs. 5,40,000" (w.e.f. 1-1-2016).

13. Paragraphs 3 and 4 omitted by Act 20 of 1988, s. 7 (w.e.f. 1-11-1986).