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Section 15: Special provision of pension in respect of Judges who are members of service.

The High Court Judges Salaries and Conditions of Service Act, 1954Central Act · Act 28 of 1954

[(1)] Every Judge—

* * * * *

(b) who *** has held any other [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, *** 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 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.]

Where this provision sits

ActThe High Court Judges Salaries and Conditions of Service Act, 1954
Section15
Marginal noteSpecial provision of pension in respect of Judges who are members of service.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • renumbered, Act 35 of 1976. . Section 15 renumbered as sub-section (1), thereof by Act 35 of 1976, s. 2 (w.e.f. 1-10-1974).
  • omitted, Act 13 of 2016. . Clause (a) Omitted by Act 13 of 2016, s. 9 (w.e.f. 5-4-2016).
  • omitted. . The words “is not a member of the Indian Civil Service but” omitted by s. 9, ibid. (w.e.f. 5-4-2016).
  • substituted, Act 57 of 1980. . Subs. by Act 57 of 1980, s. 4, for “pensionable civil post” (w.e.f. 10-12-1980).
  • omitted, Act 13 of 2016. . 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).
  • inserted, Act 35 of 1976. . Ins. by Act 35 of 1976, s. 2 (w.e.f. 1-10-1974).
  • omitted, Act 13 of 2016. .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).

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