t h e  h i g h                    g d l j l t  a kd s o t  em 3  coulit                                                                    j l d g e s  ( coi^di t i 0 i ; b  o p  3 z r 7 i g e )                                                       b i l l ,[ x'o      o e /  a s  i n t r o d u c e d                              i n                                  l o k  g a b h a )1  p 5- g e  1 , l i n e  1 5  -f o r  - b c c u r i n r "  r e a d  ' b c c u r r i n ?2   p a g e  3 ,  l i n e  1 0 , -f o r  " 1 0  r s  ^ ,  0 0 0 " r e a d  'b s   ^ , o o o "3  p a g e  3 ; a g a i n s t  l i n e  3 1  i n  t h e  m a r g i n , -i n s e r t  " ^ 1  o f  1 9 5 8 « " p a g e  3 , l i n e  3 3 , -f o r  " c l a u s e  ( i i ) "  r e a d  " c l a u s e  ( i i i ) "5  p a g e  a g a i n s t  l i n e  3  i n  t h e  m a r g i n , -i n s e r t  " v 3  o f  1 9 ^ 1  "4   p a g e  'm-, l i n e  2 1 , -r :2 t " l / '+0 0 0 " r e a d  '   h - o o "7   p a g e  l i n e  3" 5 0 c "k e w  d e l s  i ;m a r d i               2 ,                      1 9 8 8p h a  i g u n a                      1 k'                               i y                                                k a )biu no 17 of 198sthe high court and suprem e court j u d g ^ ''"(conditioi^^ of service) amendment bill, 1988 a billfurther to amend the high court judges (conditions of service) act, 1954 and thse supreme court judges (conditions of service) act, 1958be it enacted by parliam ent in the t hirty-ninth y ear of the republic of india as follows: — chapter 1 p r e u m in a r y1 (1) this act m ay be called the high court and suprem e judges (conditions of service) am endm ent act, 1988court short title and com-(2) the provisions of sections 2 and 5 shall be deemed to have come mence into force on the 1st day of january, 1986 and the provisions of sections 3, ment4, 6 and 7 shall be deemed to have come into force on the 1st day of 10 november, 1986 chapter ii a m e n d m e n t o f th e  h ig h  c o u r t ju d g es (c o n d itio n s o f s erv ice) a ct, 1954amend­ment of2 in section 17a of the high court judges (conditions of service) act, 2s of 1954 1 9 5 4  (hereafter in this chapter referred to as the high court judges act),15 in sub-section (^), in clause (ii), the word "and" occuring at the end, and danse (iii), shall be omitted3 for section 22d of the high court judges act, the following section shall be substituted, nam ely:—substi­tution of new section for sec­tion 22d'22d n otw ithstanding anything contained in the income-tax act,1961,— 43 of 1961(a) the value of rent-free official residence provided to a 5 judge under sub-section (i) of section 22a or the allowance paid to him  im der sub-section (2) of th at section;(b) the value of the conveyance facilities provided to a judge under section 22b;exemp­tion from liability to pay incometax on certain perqui­sites received by a judge(c) ther sum ptuary allowance provided to a judge under jq section 22c, shall not be included in the com putation of his incom e chargeable under the head "salaries" under section 15of the incom e-tax act, 1961/4 in the f irst schedule to the high court judges act,—(a) in p art i —15amend­ment of first sche dule(i) for paragraph 2, the following paragraph shall be substi­tuted, nam ely:—■'2 subject to th6  other provisions of this part, the pen­sion payable to a judge to whom this part applies and who has completed not less than seven years of service for pen- 20 sion shall be,—(a) for service as chief justice in  a n y  high court, rs 4,500 per annum for each completed year of service;(^) for service as any other judge in any high court, rs 3,430 per annum for each completed year of service: 25provided that the pension under this paragraph shall in no case exceed rs 54,000 per annum in the case of a chief justice and rs 48,000 per annum in the case of any other judge"; (h) paragraphs 3 to 5 shall be om itted; 30(ill) for paragraph 6, the following paragraph shall be sub­stituted, nam ely:—"6  a judge who has rendered service for pension both as chief justice and other judge in any high court may elahn that any period of service of less than a completed year ren- 3 5  dered 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/';(iv) in paragraph 8 , for the word "twelve'' and for the figures ^'20000'^, the word '^fourteen'' and the figures ''54,060'' shall res- 40 pectively be substituted;(v) in paragraph », for the fisrures "6 ,0 0 ft", the figures "15,750" shall be substituted),(vi) paragraphs 1 0 and 1 1 shall be omitted;( 6 ) in part ii,—5                           (i) to paragraph 2 , the following proviso shall be                                                                                                                  added,                 namely:—                  "provided that the pension under clause (a) and the addi­              tional pension under clause (b) together shall in no case ex­              ceed bs 54,000 per annum in the case of a chief justice and 10                   10 rs 48,000 per annum in the case of any other judge"i,      (ii) in paragraph 3, for the figures "1,333",                                                                          "1,600", "1 ,8 6 6 ","2,133", "2,400" and "2,666", the figures "3,466", "4,160", "4,851", "5,545", "6,240" and "6,933" shall respectively be substituted;                  (in) paragraph 4 shall be omitted;15              (c) in part iii,—(i) in paragraph 2 ,—    (a) in clause (&), for the figures "500" and "2,500", the figures "1,600" and "8 ,0 0 0 " shall respectively be substituted;(b) after clause (i>), the following proviso shall be in-2 0  serted, namely:—"provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed rs 54000 per annum in the case of a chief justice and rs 48,000 per annum in the case of any other 25 judge,";(ii) paragraphs 3 and 4 shall be omitted chapter iiia m e n d m e n t of the s xjpreme c ourt j tjdges (c o n d itio n s of s ervice) a ct, 1958amend­ment of section ?6a30 5  in section 16a of the supreme court judges (conditions of service)act, 1958 (hereafter in this chapter referred to as the supreme court judges act), in sub-section (2), in clause (v), the word "and'" occurring at the end, and clause (ii) shall be omitted6  for section 23d of the supreme court judges act, the following 35 section shall be substituted, namely: —43 of 1961'23d notwithstanding anything contained in the income-tax act, 1961,—(a) the value of rent-free official residence provided to a judge under sub-section (i) of section 23;40(b) the value of the conveyanw facilities provided to ajudge under section 23a;(c) the sumptuary allowance provided to a judge undersection 23bsubsti­tution of nv?w section for section 23dexemp­tion from liabi­lity to pay income-tax on cer­tain per­quisites received by a judgeshall not be included in  the com putation of his income chargeable under the head "salaries" under section 1& of the incom e-tax act, 1961'amend rj schedule to th e suprem e court judges act —ment of the (o) in p a rt i,— ^sche­dule (i) in paragraph 2,—(a ) in clause {b), for the figures "470", "20,0®0" and "1,200", the figures "1,235", "37,500" and "3,150" shall res­pectively be substituted',(b) in the proviso, for the figures "26,000", the figures "60,000" shall be substitutedi,(ii) to paragraph 3, the following proviso shall be added, nam ely:—"provided that the pension under this paragraph shall in no case exceed rs 54,000 per annum"; 15(iii) in paragraph 5, for the figures "7,500", the figures "19,700''' shall be substituted;(i'to paragraphs 6 and 7 shall be om itted;(6) in p art ii,—(i) in paragraph 2 - 20(a ) in clause (b ) , for tee figures "1,4000", th e  figures "3,454" shall be su b stituted;(b) for the proviso, the following proviso shall be substi­tuted, nam ely; —"provided that the pension under clause (a) and the 25 additional pension under clause ( b )  together shall in no case exceed rs 60,000 per annum in the case of a chief justice and rs 54,000 per annum in the case of any other judge";(ii) paragraph 3 shall be om itted; 30(c) in p art iii,—(?) in paragraph 2,—(a) in clause (^>) for the figures "5000" and "2,500", the figures "1,600" and "8,000" shall respectively be substi­tuted; 35(b) after clause (b), the following proviso shall be inserted, nam ely:—"provided that the pension under clause (a) and the additional pension under clause ( b )  together shall in no case exceed rs 60,000 per annum in the case of 40 a chief justice and rs 54,000 per annum in the case of any other judge"|,(ii) paragraphs 3 and 4 shall be omittedin accordance w ith section 17a (3) of the h igh c ourt judges (conditions of service) act, 1954 and section 16a (2) of the suprem e court judges (conditions of service) act,, 1958, the rules and orders in force from  tim e to tim e w ith respect to grant of death-cum -retirem ent gratuity to an officer of c entral civil services (g roup a) are applicable to those judges of the high courts and suprem e court who did not hold any pensionable post under the union or a s tate prior to their appoint­m ent as judges (namely, those who w ere advocates) however, the aforesaid provisions, at present, restrict the m axim um  am ount of gratuity payable to such judges to rs 50,000 it is proposed to remove the said ceiling2 conveyance facilities and sum ptuary allowance payable to the judges of high courts and suprem e court w ere revised w ith effect from 1-11-1986 by the high court and suprem e court judges (conditions of service) a m endm ent act, 198'6 as the values of these facilities and allowances are treated as "perquisites" for the purpose of computation of income-tax, it has been represented th at the value of these facili­ties and allowances should be free from  income-tax, as otherw ise the benefits would be illusory it is accordingly propsed to exem pt the value of conveyance facilities and sum ptuary allowance payable to the judges from  paym ent of incom e-tax w ith effect from  1-11-19863 the rates of pension of those judges of high courts and suprem e court who did not hold a pensionable post before th eir appointm ent as judge, and the rates of additional pension of those judges who have held a pensionable post prior to their appointm ent as judge, w ere enhanced w ith effect from  1-11-1986 by the high court and suprem e court judges (conditions of service) a m endm ent act, 1986 these enhanced rates of pension and additional pension are at present admissible only to those judges who retired on or after 1-11-1986 it is proposed th at the enhanc­ ed rates of pension and additional pension should be admissible w ith effect from  1-11-1986 even to those judges who retired prior to that date it is also proposed th at the rates of additional pension admissible to judges who were form erly m em bers of the indian civil service be re­vised, so that they m ay get additional pension at revised rates w ith effect from  1-11-1986 irrespective of the date of th eir retirem ent4 the bill seeks to am end the high court judges (conditions of service) act, 1954 and the suprem e court judges (conditions of service) act, 1958 to achieve the above objectivesn e w  d e u u ; b in d esh w a ri d ubeythe 25th fehmary, 1988clauses 2 and 5 of the bill seek to am end section 17a of the high court judges (conditions of service) act, 1954 and section 16a of the suprem e court judges (conditions of service) act, 1958, respectively, so as to remove the ceiling on the m axim um  am ount of death-cum -retirem ent gratuity payable to the judges of high courts and suprem e court, who have not held a pensionable post under the union or state prior to th eir appointm ent as judge w ith effect from  1-1-1986 a t present, the m axim um  am ount of death-cum -retirem ent gratuity payable to these judges is rs 50,000 by the am endm ents proposed in the aforesaid, clauses the ceiling on the am ount of death-cum -retirem ent gratuity pay­able to such judges is being removed and they w ill now be entitled to a m axim um  of rs 1,00,000 as in the case of c entral g overnm ent em ­ployees (group a )2 clauses 4 and 7 of the bill seek to am end the f irst schedule to the high court judges (conditions of service) act, 1954 and the schedule to the suprem e court judges (conditions of service) act^ 1958, respec­tively, to enhance the rates of pension of all those judges who have not held a pensionable post under the union or a state prior to their appoint­m ent as judge, and the additional pension of all those judges who have held a pensionable post under the union or a state prior to their appointm ent as judge these rates w ere enhanced by th e h igh court and suprem e court judges (conditions of service) a m endm ent act, 1986; however, the enhanced rates were m ade admissible only to those judges who retired on or after 1-11-1986 it is now proposed to give these en­hanced rates of pension w ith effect from  1-11-1986 even to those judges who had retired prior to 1-11-19863 the additional pension of judges who were form erly m em bers of the indian civil service, is also proposed to be revised w ith effect from  1-11-1986 irrespective of the date of their retirem ent4 the total expenditure on account of the enhanced death-cum - retirem ent gratuity and the revised pension and additional pension pay­able w ith effect from 1-11-1986, will be borne by the concerned state governm ents in the case of high courts in the case of delhi high court judges, the whole additional expenditure and in the case of p un­jab and h aryana high court judges only 5 per cent, of the additional ex­penditure is to be borne by the union of india the judges of suprem e c ourt are elevated from amongst the judges/c hief justices of high courts, as such the additional expenditure will be divided betw een the union of india and state governm ents concerned on the basis of com­pleted years of service put in by them  in the concerned high courts and the suprem e c ourt the total liability for the additional expenditure on account of the enhanced death-cum -retirem ent gratuity and the re­vised pension/additional pension on the union of india will approxim a­tely  be rs 10 lakhs per annum 5 clauses 3 and 6 of the bill seek to am end section 22d of the high court judges (conditions of service) act^ 19&4 and section 23d of the suprem e court judges (conditions of service) act, 1958, respectively, so as to exem pt the value of conveyance facilities and sum ptuary allow­ ance payable to the judges of high courts and suprem e court w ith effect from  1-11-1986, for the purpose of com puting their incom e-tax this am endm ent does not involve any additional expenditure; however, this w ill result in reduced revenue to the g overnm ent by way of incometax payable by the judges of high courts and suprem e court6 the bill does not involve any other expenditure, recurring or non­recurring !e xtracts fr o m  the h igh c o urt j udges (c ond itio n s of s erv ice) a ct, 1954(28 of 1954)17a (i) ♦family pensions and gratuities(3) the rules, notifications and orders for the tim e being in force w ith respect to the grant of death-cum -retirem ent gratuity benefit to or in relation to an officer of the c entral civil services, class i (including the provisions relating to deductions from  pension for th e purpose) shall apply to or in relation to the grant of death-cum -retirem ent gratuity benefit to or in relation to a judge who, being in service on or after th e 1st day of october, 1974, retires^ or dies in circum stances to w hich section 17 does not apply, subject to the modifications th at—(ii) the am ount of gratuity shall be calculated on the basis of tw enty days' salary for each completed year of service as a judge; and(hi) the m axim um  am ount of gratuity payable shall be fifty thousand rupeesexplanation— in sub-section (3), the expression "judge" has tlie same m eaning as in section 1422d n otw ithstanding anything contained in the incom e-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(b) the allowance paid to him  under sub-section (2) of that section, shall not be included in the com putation of his income chargeable under the head "salaries" under section 15 of the incom e-tax act, 1961exemp­tion from liabi­lity to pay in­come-tax on certain perquisites or allow­ance re­ceived by a judge the first schedxjle (see sections 14 and 15) p e n sio n s of j udges p art i2 subject to the other provisions of this p art, the pension payable to a judge to whom  this p a rt applies and w ho has com pleted not less than seven years of service foii pension shall be the basic pension specified in paragraph 3 increased by the additional pension, if any, to which he is entitled under paragraph 53 the basic pension to which such a judge shall be entitled shall be—(o) for the first seven completed years of service for pension, rs 5,000 per annum; and(b) for each subsequent completed year of service for pension, a further sum of rs 1,000 per annum;provided that the basic pension shall in no case exceed rs 10,000 per annum4 for the purpose of calculating additional pensions, service as a judge shall be classified as follows:—grade i service as chief justice in any high coiut;grade ii service as any other judge in any high court5 for each completed year of service for pension in either of the grades mentioned in paragraph 4, the judge who is eligible for a basic pension under this part shall be entitled to the additional pension speci­fied in relation to that grade in the second column of the table annexed hereto;provided that the aggregate amount of his basic and additional pen­sion shall not exceed the amount specified in the third colvunn of the said table in relation to the higher grade in which he has rendered service for not less than one completed yeart ableservice additional pension maximum aggregateper annum pension per annumrs rsgrade i 740 20,000grade ii 470 16,0006 a judge who has rendered service for pension in both the grades may claim that any period of service of less than a completed year ren­dered by him in the higher grade, or any portion of any such period, shall be treated for the purposes of paragraph 5 as service rendered by him in the lower grade-     '8 notwithstanding anything contained in the foregoing provisions of this part, the pension payable to a judge who has completed twelve years of service for pension, including not less than six years of service as chief justice of one or more of the h'gh courts, shall be rs 20,000 per annum '0 where a judge to whom this part applies retires or has retired at any time after the 26th january, 1950 without being eligible jor a pension under any other provision of this part^ then, notwithstanding anything contained in the foregoing provisions, a pension of rs 6,000 per annum shall be payable to such a judge:provided that nothing in this paragraph shall apply—(a) to an additional judge or acting judge; or(b) to a judge who at tbe 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 state10 in the case of a judge to whom  this p a rt applies and who has retired on or after the 1st day of october, 1974, the foregoing provisions of this p a rt shall have effect subject to the modifications th at—(i) for paragraph 2, the following paragraph shall be substituted, nam ely:—"2 subject to the other provisions of this p art, the pension payable to a judge to whom this p a rt applies and who has com­pleted not less than seven years of service for pension shall be—(a) for service as chief justice in any high court, rs 2,400 per annum ; and(b) for service as any other judge in any high court, rs 1,600 per annum :provided that the pension shall in no case exceed rs 28,000 per annum  in the case of a chief justice and rs 22,400 p er an­ num  in the case of any other ju d g e '';(ii) paragraphs 3 to 5 shall be om itted;(iii) in paragraph 6, for th e w ord and figure "paragraph 5", the w ord and figure "paragraph 2" shall be substituted;(tu) for paragraph 8, the following paragraph shall be substitu­ted, nam ely; —"8 n otw ithstanding anything contained in th e foregoing pro­visions of this p art, the pension payable to a judge who has com­pleted fourteen years of service for pension, including not less than six years of service as chief justice of one or m ore of the high courts, shall be rs 28,000 p er an n u m ";(v) in paragraph 9 for the figures "6,000'', the figures "8,400" shall be substituted11 in the case of a judge to whom this p a rt applies and who has retired on or- after the com m encem ent of the high court and suprem e c ourt judges (conditions of service) a m endm ent act, 1986, the fore­going provisions of this p a rt shall have effect subject to the modifica­tions th at—(i) for paragraph 2, the following paragraph shall be substituted, nam ely: —"2 subject to the other provisions of this p art, the pension payable to a judge to whom this p a rt applies and who has com­pleted not less than seven years of service for pension shall be—(o) for service as chief justice in any high court, rs 4,500 per annum  for each completed year of service;(b) for service as any other judge in any high court, rs 3,430 per annum  for each completed year of service; provided th at the pension shall in no case exceed rs 54,000 per annum  in the case of a chief justice and rs 48,000 per annum  in the case of any other ju d g e " ;(ii) p arag rap h ' 3 ■'hall be om itted;(ni) in paragraph 6, for the w ord and figure "paragraph 5", th word and figure "paragraph 2" shall be substituted;(iv) for paragraph 8, the following paragraph shall be substitut­ed, nam ely: —"8 n otw ithstanding anything contained in the foregoing provisions of this part, the pension payable to a judge who has completed fourteen years of service for pension, including not less than six years of service as chief justice of one or more of the high courts, shall be rs 54,000 per annum ";(v) in paragraph 9, for the figures "6,000''^ the figures "15,750" shall be substituted;(vi) paragraph 10 shall be omitted p art ii2j the pension payable to such a judge shall be—(a) the pension to w hich he is entitled under the ordinary rules of the indian civil service if he had not been appointed a judge, his service as a judge being treated as service therein for the p u r­ pose of calculating that pension; and(b) the additional pension, if any, to w hich he is entitled under paragraph 33 if such a judge has completed not less than seven years of service for pension in a h igh court, he shall be entitled to an additional pension in accordance w ith the following scale:—p er annum  rsfor seven completed years of service for pension • 1,333for eight completed years of service for pension  1,600for nine completed years of service for pension   1,886for ten completed years of service for pension  2,133for eleven completed years of service for pension   2,400for tw elve or m ore completed years of service for pension  2,6664 in the case of a judge to whom this p a rt applies and who has retired on or after the 1st day of october, 1974, paragraph 3 shall have effect subject to the modifications th at—for the figures "1,333", "1,600", "1,866", "2,133", "2,400" and"2,666", the figures"!,866", "2,240", "2,612", "2,986", "3,360" and "3,733" shall respectively be substitutedp art iii  « « the pension payable to such a judge shall be—(b) a special additional pension of rs 500 p er annum  in respect of each com pleted year of service for pension but in no case such additional pension together w ith the additional or special pension, if any, to w hich he is entitled under the ordinary rules of his service, shall exceed rs 2,500 per annum 3 in the case of a judge to whom this p art applies and who has retired  on or after the 1st day of october, 1974, clause (b) of paragraph 2 shall have effect subject to the modifications th at—for the figures "500" and "2,500", the figures "700" and "3,500" shall respectively be substituted4 in the case of a judge to whom  this p a rt applies and who has retired on or after the com m encem ent of the high c ourt and suprem e c ourt judges (conditions of service) a m endm ent act, 1986, the fore­going provisions of this p a rt shall have effect subject to the modifica­tions th at—(i) in paragraph 2,—(a) in clause (b), for the figures "500" and "2,500^, th e figures "1,600" and "8,000" shall respectively be substituted;(b) after clause (b), the following proviso shall be inserted, nam ely: - /"provided th at the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed rs 54,000 per annum  in the case of a chief justice and rs 48,000 per annum  in the case of any other judge";(ti) paragraph 3 shall be omittede xtracts fh o m  the s u p r e m e c ourt j udges (c o n d itio ns of s ervice)a ct^ 1968(41 of 1958)    "  - 16a    »family pensioa (2) the rules, notifications and orders for the tim e being in force•ndgra w ith respect to the grant of death-cum -retirem ent gratuity benefit to or in relation to an officer of the c entral civil services, class i (includ­ ing the provisions relating to deductions from  pension for the purpose) shall apply to or in relation to the g ran t of death-cum -retirem ent gratuity benefit to or in relation to a judge who, being in ^ rv ic e  on or after th e 1st day of october, 1974, retires, or dies in circum stances to w hich section 16 does not apply, subject to the modifications that—  ♦  (ii) the am ount of gratuity shall be calculated on the basis of tw enty days' salary for each completed year of service as a judge; and(iii) the m axim um  am ount of gratuity payable shall be fifty thousand rupees |explanation—in sub-section (2), the expression "judge" has the same m eaning as in section 1323d n otw ithstanding anything contained in the iiicome-tax act, 1961, the value of rent-free official residence provided to a judge \m der sub­section (1) of section 23 shall not be included in the com putation of his income chargeable under the head "salaries" under section 15 of the incom e-tax act, 1961 the scheduleexemptionfromliability to payincometax on certain per­quisites received by a judge(see sections 13 and 14)p en sio n s o f j uikjes p art i    2) subject to the provisions of this p art, the pension payable to a chief justice to whom this p a rt applies and who has completed not less than seven years of service for pension as a judge in india shall be an am ount equal to the sum of the following amounts, th at is to say,—(b) an additional am ount of rs 470 per annum  for each com­pleted year of service as the chief justice of the suprem e court until ;he has become entitled to a pension of rs 20,000 per annum , and thereafter an additional am ount of rs 1,200 for each completed year of such service:provided that the aggregate am ount of his pension shall in no case exceed rs 26,000 per annum3 the pension payable to any other judge to whom this p art applies and who has completed not less than seven years of service for pension as a judge in india shall be an am ount equal to the pension which would have been payable to him  in accordance w ith the scale and pro­visions in p art i of the f irst schedule to the high court judges (con­ditions of service) act, 1954, if his service as a judge had been rendered as a chief justice of a high c o u rt5 w here a judge to whom this p art applies retires w ithout being eligible for a ipension under any other provision of this part, then, not­w ithstanding anything contained in the foregoing provisions, a pension of rs 7,500 per annum  shall be payable to such a judge:provided that nothing in this paragraph shall apply to a judge who at the tim e of his appointm ent is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the union or a state6 in the case of a judge to whom this p art applies and who has retired on or after the 1st day of october, 1974^ the foregoing provisions of this p art shall have effect subject to the modifications that—(a) in paragraph 2,—(i) in clause (b),—(a) for the figures "470", the figures "658'' shall be sub­stituted;(b ) for the figures "1,200" the figures "1,680" bhall be substituted;(ii) in th e proviso, for the figures "26,000", the figures "36,400" shall be substituted;(b) in paragraph 5, for the figures "7,500", the figures "10,500" shall be substituted7 in the case of a judge to whom this p a rt applies and who has retired  on or after the com m encem ent of the high c ourt and suprem e c ourt judges (conditions of service) a m endm ent act, 1986, the fore­ going provisions of this p art shall have effect subject to the modifications th at—(i) in paragraph 2,—(a) in clause (b), for the figures "470", "20,000" and "1,200", the figures "1,235", "37,500'' and "3,150" shall respectively be sub­stituted;(b) in the proviso, for the figures "26,000", the figures "60,000 ' shall be substituted;(ii) to paragraph 3, the following proviso shall be added, nam e­ly"provided th at the pension under this paragraph shall in no case exceed rs 54,000 per annum "(iii) in paragraph 5, for the figures "7,500", the figures "19,700" shall be substituted:(iu) paragraph 6 shall be om ittedp art ii     ♦  ♦  ♦r the i>ension payable to such a judge shau be—(b) an additional am ount of rs 470 per annum  for each com­pleted year of service as the ichief justice of the suprem e court xintil he has become entitled to a pension of rs 20,000 per annum , and thereafter an additional am ount of rs 1,200 for each com pleted year of such service;provided th a t the aggregate am ount of his pension shall in no case exceed rs 26,000 per annum 3 in the case of a judge to whom this p art applies and who has retired on or after the 1st day of october, 1974, the foregoing provisions of this p a rt shall have effect subject to the modifications th at in para­graph 2,— i ^(i) in clause (b), for the figures "1,400", the figures "1,960" shall be substituted;(ii) in the proviso, for the figures "20,000", the figures "28,000' shall be substituted;♦  ♦ ♦ ♦2 the pension payable to such a judge shall be—   « «(b) a special additional pension of rs 500 per annum  in respect of each com pleted year of service for pension as a judge in india b u t in no case such additional pension together w ith the additional or special pension, if any, to which he is entitled under the ordinary rules of his service shall exceed rs 2,500 per annum 3 in the case of a judge to whom  this p art applies and who has re­tired on or after the 1st day of october, 1974, the foregoing provisions of this p a rt shall have effect subject to the modifications that in clause(b) of paragraph 2, for the figures "500" and "2,500", the figures "700" and "3,500" shall respectively be substituted4 in the case of a judge to whom  this p a rt applies and who has re­tired on or after the commencement of the high court and suprem e court judges (conditions of service) am endm ent act, 1986, the fore­ going provisions of this p art shall have effect subject to the modifications that—(i) in paragraph 2,—(a) in clause (b), for the figures "500" and "2,500", the figures "1,600" and "8,000" shall respectively be substituted;(b) after clause (b), the following proviso shall be inserted, nam ely: —"provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed rs 60,000 per annum  in the case of the chief justice and rs 54,000 per annum  in the case of any other judge";(ii) paragraph 3 shall be omitted a billfu rth er to am end the high court judges (conditions of service) act 1954 and the suprem e court judges (conditions of service) act, 1958(shri bindeshwari dubey, minister of haw and justic^)