 ftak 1961, bill no u of 19',f 11ie high court judges (conditions of service) amendment biil, 1964 a billfurther to amend the high cou�t judges                                          (conditions of service)                           act, 1954   bs it enacted by parliament in the fi!teenth year of the republic of india as follows: -   1 thie act may be called the high court judges (conditions of short title service) amendment act, 1964  5         a in section 14 of the high court judges (conditions of service) amend-   act, 1954 (hereinafter referred to as the principal act), in clause �                                                                                                                                             t ofa   (b) of the first proviso, for the words "sixty years", the words, sec on   figures and letters "sixty-two years, and, in the case of a judge   holding office on the 5th day_ of october, 1963, sixty years" shall be 10 substituted 20'   3 after section 23b of the principal act, the following section insertionshall be inserted, and shall ,be deeined always to have been inserted, ;���: namely:-                        '                                                                                                      23c         "23c (l) in the calculation of service for                                                        pension of a sj>ec;i�l    j'1,dge of the hi_gb court of jammu and kashmir transferred to �rov1s1on                                                                            t      ·                      any other high court, his service for pension as a judge of th mrespec                                                                    e of judges     high court of jammu and kashmir shall also be reckoned as transfer-   service for pension tinder this act                                                                     red from         ·              ·                   ·                           ·                                                            h                                                                 ed't the high             (2) i17- the calculation of the amount of leave at t c er 1 court of    of a judge of the high court of jammu and kashmir transferred jammu    to any other high court, the amount of leave due to him as a and    judge of the high court of jammu and kashmir shall be added kashmir    to the amwnt of leave at pis credit under this act"  statement of objects and reasonsunder section 14 of the high court judges (conditions of set  vice) act, 1954, pension is payable to a judge on his retirement, if he has attained the age of sixty years the age of retirement of a judge has however been raised from sixty to sixty-two years by the constitution (fifteenth amendment) aot, 1963 and it is necessary to make corresponding amendments in section 14 of the act it is also proposed to provide that if a judge holding office on the 5th october, 1963, when the constitution (fifteenth amendment) act came into force, desires to retire on attaining the age of sixty yea-ra, he should also be entitled to pension 2 article 222 of the constitution provides for the transfer of judges from one high court to another, tncluding transfers from the high court of jammu and kashmir and transfers to that high court when a judge of the high court of jammu and kaahmir is transferred to any other high court, it is necessary to provide that for the purpose of calculating leave and pension due to the juqge under the act, his previous service as a judge of the high court of jammu and kashmir should be taken into account the bill seeks to achieve these objects new delm; r m hajarnavi~· the 17th february, 1964  president's recommendation under article 11'1 of the constitution of india[copy of letter no 20/1/64-juclli, dated the 22nd february, 1964 from shri r m hajarnavis, minister of state in the ministry or home affairs to the secretary, lok sabha] the president having been informed of the luibjeet matter of the high court judges (conditions of service) amendment bill, 1964, recommends the introduction and consideration of the am in the lok babha un<ier article 117 (1) and 117 (3) ()f the cqilstitution of india clause i &f the lun seela tf> amend secti8ft 14 of tl!e high court judges (conditions of service) act, 1854, to provide that normally pension is payable to judge on his retirement if he has attained the age of sixty-two years the raising of age of retirement of high court judges from 60 to 63 years would result in increased pension in certain cases at present provision is being made in the budget of the order of about rs 12 to 13 laths in the various circles of _ acco~ta for ~yment of penllions to hleh court judges w}pcb are l1r~t ~rge<l on ~he coillolidated f4d4 of in<;liil \m4er mtclj' ll2 (3) (d) of the constitution ~u~ iqbseqqently :recover~ fro~ tbe ~tates concerned under article 290 of the constitution the recoveries are ad;~e4 in ccowua, in redueticm of expen<u~e '!'be budget provision required to be made in future will be slightly increased it is not, however, possible to frame an accurate estimate of the likely merea&e whieh will depet'ld on several factors, eg, length of service of a judge, etc as the increased expenditure will be met by in· creased recover~es ft'qlu the stat4!s, tlun", would dqt ~tilnately be any additional expenditure from the consolidated fund of india  2 clause 3 of the bill provides for the counting 01 previous service for pension and the carryover of leave of a judge of the high cowt of jammu and kashmir trabsferred to any other high court ai nprdlleave salary, it would be payable by the state governmeat eonoerned even as regards pension, though initially it wid tmt  eharpd on the consolidated fund of india, it will -uitfmately hi recovered from the state government concerned  a  it will thus 'appear that ultimately no additional expenditure ·from tbeconsolidatecl fund of india would be involved - - - - -  chapteriu pensionspension 14 subject to the provisions of this act, ev~ judge shall, oil ~::~~ to his 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- (a) he has completed dot less than twelve years of service for pension; or (b) he has attained the age of sixty years; or (c) his retirement is medically certified to be necessitated by ill-health:  , pro,!,ided further that if a judge at the time of hit appointment is in receipt of a pension (other tban a disability or wound pediion) in respect of any previous $ervice in the union or a state, the penalan payable under this act shall be in lieu of, and not in addition to that pension "  ezplanation-in this section 'judge' mean •• judge 'fibo is ~t a member of the indian civil service or hu 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 pert i of the first schedule  - - - - - a bill funher to amend "the high court judges (conditions of services) act, 1954 (shri r m hajarnavis, mi,zister of state in the mim'slry of home affairs) 