 bill no 150 of 1980 the high court and supreme court judges (condi tions of service) amendment bifl, 1980 a billfurther to amend the high court judges (conditjions of service) act, 1954, and the supreme court judges (conditions of service) act, 1958 be it enacted by parliament in the thirty-first year of the republic of india as follows:- chapter i preliminary5 1 this act may be called the high court and supreme court judges short (conditions of service) amendment act, 1980 title  chapter ii amendment of the high court judges (conditions of servlice) act, 1954amendment of section 2 10 2 in section 2 of the high court judges (conditions of service) 28 ol 1954 act, 1954 (hereafter in this chapter referred to as the high court judges act), in clause (h) of sub-section (1), for sub-clause (ii), the following sub-clause shall be substituted, namely:-"(ii) the amount, actually taken, of each period of leave on full i 5 allowances at a rate equal to the monthly rate of the salary;" 3 in section 9 of the high court judges act, to sub-section (1), the following proviso shall be added, namely:-amendmentol section 9 "provided that where leave on full allowances is jl'anted to a judge on medical certificate the monthly rate of leave allowances shad for the first one hundred and twenty days of such leave, he a , f li_ 1 " rate equal to the monthly rate ius sa ary ; amendmentof sections 14 80015 4 in the high court judges act, in the exp~ation to section 14 and in section 15, for the words "pensionable civil post", wherever they occur, the words "pensionable post" shall be substiltuted and shall be deemed' always to have been substituted 5 after section 22c of the high court judges act, the following s section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of april, 1975, namely:-insertion of new section 22d 43 of 1961 '22d notwithstanding anything contained in the income-tax act, 1961,-(a) the value of rent-free official residence provided to a j 0 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 computation of his income chargeable under the head "salaries" under section 15 of the income-tax act j 5 1961' 6 in the first schedule to the high court judges act,-exemption from liability to pay incometax on certain perquisites or allowance received by a judge amendment of first schedule (a) in paragraph 1 of part i, for the words "pensionable civil post", at both the places where they occur, the words "pensionable post" shall be substituted and shall be deemed atways to have beei1 20 substituted; (b) in paragraph 1 of part ni, for the words "civil pensionable post", the words "pensionable post" shad be substituted add shmi be deemed always to have been substituted chapi'eriii amendment of the supreme court judges (conditions of service) act, 1958 7 in section 2 of the supreme court judges (conditions of service) amendment of section 2 amendment of section 9 act, 1958 (hereafter in this chapter referred to as the supreme court 41 of 1958 judges act), in clause (h), for sub-clause (iii), the following sub-clause 30 shall be substituted, namely:-"(iii) the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary;" 8 in section 9 of the supreme court judges act, to sub-section (1), the following proviso shall be added, namely:-3s "provided that where leave on full allowances is granted 'to a judge on medieal certificate, the mgilthly rate of leave abowances shall, for the first one hundred and ltwedty days of such leave, be  a rate equal to the monthly rate of his salary" amendment of sections 9 ia the supreme court judges act, in the explanation to aeetion 13, 40 in section 14, in paragraph 1 of part i, and in paragraph 1 of part id, of the schedule, for the words "pensionable civil post", wherever they occur, the words "pensionable pgfjtf' shalt be substituted and shaq be dleemed always to have been substituted 1~ and 14 and schedule 10 after section 23c of the supreme court judges act, the follow5ng leetion shall be inserted and shall be deemed to have been inserted with effect from the 1st day of april, 1975, namely:-insertion of new section 23d 43 of 1961 s '23d notwithstanding anything contained in the income-tax act, 1961, the value of rent-free official residence provided to a judge under sub-section (1) of section 23 shall not be included in the computation of' his income chargeable under the head "salaries" under section 15 of the income-tax act, 1961:' exemption from liability to pay incometax on certain perquisites received by a judge  statement of objects and reasonsunder the high court judges (conditions of service) act, 1954, and the supreme court judges (conditions of service) act, 1968, respectively, when a high court judge or a supreme court judge avails of leave on full allowances, he can draw full salary (equal to monthly rate of pay) for the first 45 days and leave allowance at the rate of rs 2220 per month for the rest of such leave it is felt that this provision is inadequate inasmuch as it does not permit a judge to take medical leave on full monthly salary beyond 45 days at a time even though he is in a bad state of health it is accordingly "roposed that the high court judges and the supreme court judges may be allowed full salary (equal to monthly rate of pay) for the first 120 days of leave on full allowances, if such leave is availed of on medical grounds 2 for the purposes of calculating pension under the high court judges (conditions of service) act, 1954, and the supreme court judges (conditions of service) act, 1958, a person who has held a "pensionable civil post" before becoming a judge of a high court or the supreme court is entitled to count his service as a judge of such court as service in that post and also to a speciai additional pension for such service this benefit is not available to a person who has held a "pensionable military post" before becoming a judge of a high court or the supreme court it is accordingly proposed to remove this distinction between persons who have held pensionable civil posts and pensionable military posts before appointment as judges 3 a high court judge or a supreme court judge is at present entitled without payment of rent, to the use of an official residence where a high court judge does not avail himself of the u'se of such residence, he may be paid every month an allowance of an amount equal to twelve and a half per cent of his salary the value of rent-free accommodation "rovided to a judge is being treated as a perquisite under the income-tax act and is taxed accordingly it has been represented that the value of rent-free accommodation provided to judges should be free of income-tax, as otherwise the benefits provided on this account would be illw;ory it is accordingly proposed to exempt from income-tax the value of rent-free official residence provided to a high court judge or a supreme court judge and the allowance payable to a high court judge in lieu theredf fro~ the assessment year 1975-76 commencing on 1st apru, 1975 (conditions of (conditions of 4 the bill seeks to amend the high court judges service) act, 1954, and the supreme court judges service) act, 1958, to achieve the above objectives new delhi; p shiv shanker 'j'he 28th july~ ~~60 under clause 3 of the bill, which seeks to amend section 9 of the high court ~udges (conditions of service) act, 1954, a high court judge will be entitled to leave allowances at the monthly rate of his salary for the first 120 days, if the leave is availed of on a medical certificate at present, the monthly ratp of leave allowances payable to a high court judge while on leave on full allowances for the first 45 days is rs 4,000 in tl,le case of a chief justice and rs 3,500 in the case of a puisne judge, and at the rate of rs 2,220 for the rest of such leave since allowances equal to monthly rate of salary will now be payable for an additional period of 75 days, the additional expenditure involved will be rs 1,780 per month (rs 4,000 minus rs 2,220) or rs 4,450 on each occasion in respect of 8 chief justice and rs 1,200 per month (rs 3,500 minus ris 2,220) or rs 3,200 on each occasion in res,ect of a puisne judge 2 under clause 8 of the bill, which seeks to amend section 9 of the supreme court judges (conditions of service) act, 1958, a supreme court judge will be entitled to leave allowances at the monthly rate of hi's salary for the first 120 days, if the leave is availed of on a medical certificate at present, the monthly rate of leave allowances payable to a supreme court judge while on leave on full allowances for the first 45 days is rs 5,000 in the case of the chief justice of india and rs 4,000 in the case of a puisne judge, and at the rate of rs 2,220 for the rest of such leave since allowances equal to monthly rate of salary will now be payable for an additional period of 7f1 days, the additional expenditure involved will be rs 2,780 per month (rs 5,000 minus rs 2,220) or rs 6,950 on each occasion in respect of the chief justice of india and rs 1,780 per month (rs 4,000 minus rs 2,220) or rs 4,450 on each occ3si'un in respect 0'£ a puisne judge 3 for the purposes of calculating pension under the high court judges (conditions of service) act, 1954, and the supreme court judges (conditions of service) act, 1958, a pers~ who has held a pensionable civil post before becoming a judge of a high court or the supreme co~t  entitled to count his service as a judge of such court as sei'vlce in ~~t post and also to a special additional pensi~n for such  under the provisions of part iii of the first schedule sprvlce  ' f s  ) a t 1954 t th high court judges (condltions a ervlce c , , ad pe t iii of the schedule to the supreme court judges (condian ar d  'bl 'f -  c',_ - e) act 1958 these benefits are not a mlssi e 1 a person bans 0 ;x:rvlc ,   had held a pensionable milftary post before becommg a ju~ge clauses 4 6 and 9 of the bill seek to make necessar~ amendments m the above , two acts to remove thl's discrimination it is not possible to work out  ' t  h ddt a1 expenditure that will be mcurred on his account pr~isely t e adt l ion '11 depend on the number of judges who have had as such expen i ure wi s c urt   b f appointment as judges of the upreme 0 or military service t~ are may be and the length of their service there a high court, as e case which' has come to the notice of the govern-is, however, only one case, s ment, 0'£ a retired high court judge who has had military service before becoming a judge of the high court he is at present getting an annual pension of rs 8,000 in respect of his service in a pensionable military post he does not get any pension for his subsequent service as a judge of the high court by the proposed amendment, the quantum of his basic service pension will increase from rs 8,000 per annum to rs 10,000 per annum in addition, he will get an additional pension of rs 3,500 per annum for his service as high court judge thus, his total pension will be increased to rs 13,500 per annum instead of rs 8,000 per annum as at present a non-recurring expenditure amounting to rs 22,000 will also be payable to him as arrears for about four years 4 the expenditure in respect 01 leave allowances and increased pension, if any, payable to judges of the hfgh courts, except the delhi' high court, will be a charge on the consolidated fund of the states the expenditure on the leave allowances and increased pension, if any, payable to judges of the delhi high court and the judges of the supreme court will be a charge on the consolidated fund of india 50 the bill will not involve any other recurring or non-recurring expenditure  annexuredeftnition& leave allowancel penlion payable to judi • extracts from the high court judges (conditions of smmce) act, 1954 (28 of 1954) - - - - - 2 (1) in this act, unless the context otherwise requires,-- - - - - - (h) "service for pension" includes-- - - - - (ii) forty-five days or the amount actually taken, whichever is less, of each period of leave on full allowances; - - - - 9 (1) the monthly rate of leave allowances payable to a judge while on leave on full allowances shall be for the first forty-five days of such leave a rate equal to the monthly rate of his salary, and thereafter two thousand two hundred and twenty rupees  - - - - 14 subject to the provisions of this act, every judge shall, on h1a retirement, be paid a pension in accordance with the scale and provisions in part i of the first schedule: provided that no such pension shall be payable to a judge unless (qj) he has completed not less than twelve years of service for pension; or (b) he has attained the age of sixty-two years, and, in the case of a judge holding office on the 5th day of october, 1963, sixty years; or (c) his retirement is medically certified to be necessitated by ill-health: provided further that if a j'adge at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in resp,ect of any previous service in the union or a state, the pension payable under this act shall be in lieu of, and not in addition to, that pension explanation--in this section 'judge' means a judge who is not a member of the indian civil servic~ or has not held any other pensionable civil post under the union or a state and includes a judge who being a member of the indian civil service or having held any other pensionable civil post under the union or a state has elected to receive the pension payable under part i of the first schedule 15 (1) every judge-- - - - - (b) who is not a member of the indian civil service but has held any other pensionable ci~l post ~der the union or a state, shall on his retirement, be paid a pension m accordance with the scale' and provisions in part iii of the first schedule: provided that every guch judge shall elect to receive the penaion payable to him either under part i of the first schedule or, 8s the ease special provi-ion for pensiod in respect ot judiwho are memberaot nrvice - may be, part ii or part iii of the first schedule, and the pension payable to him shall be calculated accordingly - - - -  the first schedule- (see sections 14 and 15)  pdslons of judges part i1 the provisions of this part apply to a judge who is not a mem  ber of the indian civil service or has not held any other pensionable civil post under the union or a state and also apply to a judge who, being a member of the indian civil service or having held any other pensionable civil post under the union or a state, has elected to receive the pension payable under this part - - - - -  part iii1 the provisions of this part apply to a judge who has held any civil 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 - - - - -  extracts from the supreme court judges (conditions of service) act, 1958(41 of 1958) - - - - - deftnitioil8 2 in this act, unless the context otherwise requires,-- - - - - (h) "service for pension" includes-- - - - - (iii) forty-five days or the amount actually taken, whichever is less, of each period of leave on full allowances' , - - - - - leave auow! -- '(1) the monthly rate of leave allowances payable to a judge whue on leave on full allowances shall be for the first forty-five days of such leave a rate equal to the monthly rate of the salary and there-uter two thousand two hundred lolnd twenty rupees - - - - -  13 subject to the provisions of this act, a pension shall be pbyable in accordance with the provisions of part i of the schedule to a judge of the supreme court on his retire'ment if but only if-, , pension payable to judges (a) he has completed not less than seven years of service for pension as a judge in india; or ~ (b) he has attained the age of sixty-five years; or (c) his retirement is medically certified to be necessitated by ill-health explanati<>n-in this section, "judge" means a judge who is not a member of the indian civil service or has not held any other pensionable civil post under the union or a state and includes a person who was in service as a j'ildge on the 20th may, 1954, and also includes a judge who being a member of the indian civil service or having hefd any other pensionable civil post under the union or a state has elected to receive the pension payable under part i of the schedule 14 (1) every judge-- - - - - (b) who is not a member ,qf the indian civil service but bas held any other pensionable civu post under the union or a state shall, on his retirement, be path a pension in accordance with the provisions of put iii ¢ the sahedule~ special provisions for pension in reb-pectof judges who are members of ervice provided that every' -such, jud, shall eject- z8eive -t~ ~on payable to him either under paitt t of the schedule or, as the case may be, part ii or part iii of the schedule, and the pension payable to him shall be calculated accordingly - - - - -  the schedule(see sections 13 and 1)  pensions of judges part i1 the provisions of this part~l?pl:yt~ a judge who is n~t a mem~r of the indian civil service or has not held any other pensionable civll 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, and to a judge woo,  " he b  ember of the indian civil service or havmg held any ot r emg a m ed  · bl 'vii post under the union or a state, has elect to receive penslona e ci the pension payable under this part - - - - - part iii  1 the provisions of this part apply to a judge who has held any her '  'vii t ulllie;r the union or a state (but is not a mem penslonabl~ cl ro; ~ c!~(it) and who has not elected to receive the of the indian, _vi ~t · nali'ble under pert i pension _or - - - - -  a billfurther to amend the high court judges (conditions 0'1 service) act, 1954, and the supreme court judges (conditions of service) act, 1958 (shri p shiv shtjnkelf', mtniste1' of law, junice (1m comp4"11 affair) 