:': "'" '  ~~ \:  ,  bill no m of 1988 the high court and supreme court judges (conditions of service) amendment bill, 1986 a billfurther to amend the high court judges (conditions of se1"'jice) act, 1954 and the supreme court judges (conditions of service) act, 1958 be it enacted by parliament in the thirty-seventh year of the repubuc of india as follows:-chapter i  preliminary5 1 (1) this act may be call~d the high court and supreme court judges (conditions of service) amendment act, 1986 short title and com meucement (2) it shalt come into force on such date as the  centrnl govemment may,' by notification in the offieial gazette, appoint chapter ii  10 amendment of 1lie high court judges (condmons of service) act, 1954amend ment of aectlon  2 in section "'4 of the high court judges (conditions of service) act, 28 of 1954 1954 (hereafter in this chapter referred to as the high court judges act), w sub-section (2) , in clause (0),-(a) in sub-clause (i), the word uand" occurring at the end shall be omitted; (b) after sub-clause (ii), the following sub-clause shall be inserted, namely:-120 ii (iii) where the judge had, prior to his appointment as such, held any pensionable post udder the union or a state, the period of leave earned by him in the said po,t, 80, how'evet', that such peti~ shall not exceed one hundred a!ld eighty days in term8 of leave on full allowances; and"  3 in section 17a of the high court judges act,-amend ment of section 17a (a) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:-5 "(1) where a judge who, heidi' in service on or after the commencement of the high court and supreme court jud, (conitions of serv~ee) amendment act, 1986, dies, whether before or after retirement in circumstances to which seetion 11 does not apply, family pension calculated at the rate of ftfty per 1 l cent of the pension admissible to him on the late of h:s doath shall he payable "to the person or persons entitled thereto and the amount so payable shall he paid from the day following the date of death of the judge for a period of seven y~ or for a period up to the date on which the judge would have attained the j 5 age of sixtr-five years, had he survived, wh:chever is earlier, and thereafter at the rate! of· half of the family pension so admissible expilanation-for the purposes of determining the person or persons entitled to family pension under this sub-section,-(i) in relation to a judge who elects 01' i$ eligible to :10 receive pension under part i of the first schedule, the rules, notitications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the central civil services, group 'a', shall apply; 25 (ii) in relation to a judge who elects to receive pension under part ii or part iii of the first schedule, the ordinary rules of his service if he had not been appointed a judge with respect to the person or persons entitled to family pension shall apply and his service as a judge bejng treated 30 as service therein (2) where any jud~, 'who has el£l~ed to nee've the pension pavable to him under part d or part id of the first schedule, retires or dies in circumstances to which section 11 does not apply, ~atuity, if any, shall be payable to ithe person or peirsons entitled 35 thereto under the ordinary rules of his service if he had not been 8npo!nteld a judee, his service as 8 jud~ being treated as service therein fol' the ,,1u'1tgse of calculating that gratuity": (ib) in sub-section (3), in clautlle (iii), for the words· "thirty thouqnd rupees", the worc1s "fifty thousand rupees"· shall be substi- 40 tuted; (c) in the exj)lanation, for the words brackets and figures "subsectiom (2) and (3)" the word, brackets and tigllt'p "sub-section (3)" rhall be substituted 4 ivtp, clectinn 20 of the hi~h court juds{es act, the fol1owin~ section 45 inertion of new section 20a sh~ll he ;nc:e,ted and shall be deemed to have been inserted with effect from the 5th day of september, 1977, namely:-deposit linked insurance scheme "20a the deposit linked insurance scheme for the time being in f'lr"e under the general provident fund (central services) rules,  1960, shall aoply to every judge whether he subscribes to the general 50 p'rovident fund (central services) or any other provident fund ': ~erred to in section 20", i in the high court judses act, for sections 2m  add 22c, the follow· substituing sections shall be substituted, namely:-tion of new sec tions tor tor sections 22band 22c convey ance facilities "22b avery juqe shall be eatitledteataft ear and one hundred  fiftj' litres of pehoi every month 01' tbe actual codliiiirption of petrel per month,whiehewer is less 5 sumptuary allowance 22c the chief justice and each of the ·other judges of every rich court shall be entitled to a sumptuary ailowadct\ of five hundred rupees per month and three hwldred rupees permaoth, respeciively"  in the first schedule to the high court judges act,-10 amend ment ot the first schedule (a) in part i, after paragraph 10, the following paragraph shall be inserted, jlamely:-15 'u in the cb'se of a judge to whom this part applies and who has retired on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986 the foregoing provisions of this part shan have effect subject to the modifications that-co for paragraph 2, the following paragraph shall be substituted, namely:-"2 subjelet to the other provisioll8 of this part, the pension payable to a judge to whom this part applies and who has completed not less than seven yean of service for pension, shall b&-(4) for service as ch:ef justice in any high court, rs 4,doo per annum for each completed year of service; ,; (b) for service as any other judge in any high court, rupees 3,430 per annum for _ch completed year of serivee: provided that the pension shall in no case exceed ri 54,000 per annum in the case of a ch' ei j ilstiee and ri ",009 per anllum ill the case of any other judge"; (ii) paragraphs !l to 5 shall be omitted; (iii) in paragraph 6, for the word and figure "paragraph 5", the word and figure "paragraph 2" shall be substituted; (iv) for paragraph 8, the following paragraph shall be substituted namely:-"s notwithstlllldin, aaythin,r eoetained ill the forego" previsiou of this part, the pe  payable! to it j'udp who baa completed fourteen 1eus of service for pedbioll indudm, not leis than s~x yean of service as chief just:cel of one or more of the biab courts, shall be  54,100 per 8iuluid": (v) in paragraph 9, for the &pres "6,000", the fipres "15,750" shall be substituted; (vi) paragraph 10 shall be omitted,'; (b) in part ill, after p&ragraph 3, the following paragraph shall be inserted, namely:-5 '4 in the case of a judg~ to whom this part applies and who has retired on or after the commencement of the high court and supreme court judges (conditlons of service) amendment act, 1986, the foregoing provisions of this part shall have effect subject to the modifications that-10 (i) in paragraph 2,-(a) in clause (b), for the fitrw'es "500" and "2,500", the fiirures "1,600" and "8,000" shall respeetively be su  stituted; (b) after clause (b), the following proviso shall be 15 inserted, namely:-"provided that the pension udder clause (po) and the additional pension, wider ~lause (b) tollmher shall in no case enceeed rs 54,000 per annum in the case of a chief justice and rs 48,000 per aanudl in the case of lzo any other judge"; (ii) paragraph 3 shall be omitted'  chapter iii41 of 1968 amend mentof section'" amrjmmuit of the supreme court judges (conditions of service) ac:rl 1958 ~5 7 in section 4 of the supreme court judges (conditions of service) act, 1958 (hereafter in this ,chapter referred· to as the supreme court judges act), in sub-se::tion (2), in clause (a), in sub-clause (i~i), for the words "four months in terms of leave on half allowances", the wordb "one hundred and eighty days in terms of leave on full allowances" shall be 30 substituted 8 i'll section 16a of the supreme court judges act,-(a) for sub-section (1), the following sub-section shall be substituted, namely:-amend ment of eectlon 18a "(1) whtu'e a judge who, being in service on or after the 35 commencement of the high court and supreme court judges (conditions of service) amendment act, 1986,-(a) dies before r~\tjrement, family pension calculated at the rate of fifty per cent of the pension admisaible to him on the date of' his death shall be payable to the penon or peiio 40 sods entitled thereto aad the amount 80 payable shall be paid from the day followid&' the date· of d$th of the judge for a period of seven yean or for a period up to the date oil which the judge would have attained t~' age of lixty-ftve years, had be survived, whichever is earlier, and thereafter 45 at the rate of half of tbe famby pension 110 admksible; and (b) dies after retirement, family pensioa calculated at tbe rate of half of the pension so admissible to him shall iki payable to the person or persons entitled thereto explanation-for the purpose5 of determining the person or penons entitled to family pension under this sub-section,-5 10 (i) in relation to a judge who elects or is elipble to receive pension under part i of the schedule, the rules, notificatiods and orders for the time being in force with r"ard to the person or persons entitled to family pension in relation to an officer of the central civil services, group 'a', shall apply,; 15 (ii) in relation to a judge who elects to receive pension under part n or part iii of the schedule, the ordinary rules of his _vice if he had not been appointed a judge with respect to the person or persons entitled to family pension shall apply and ius service as a judge being treated as setrvice therein" ('b) in sub-section (2), in clause (iii), for the words "thirty thousand rupeei!j", the words "fifty thousand rupees" shall be substituted; (c) in the explanation, for the words "in this section", the words, brackets and figure "in sub-section (2)" shall be substituted 9 after section 20 of the supreme court judges act, the following section shall be inserted and shall be deemed to have been inserted with effect from the 5th day of september, 1977, namely:-insertion of new section 2oa deposit linked insurance scheme "20a the deposit linked insurance scheme for the time being in force under the general provident fund (central services) rules, 1960, shall apply to every judge whether he subscribes to the general provident fund (central services) or any other provident fund referred to in section 20" 10 in the supreme court judges act, for section 23a, the following 30 section shall be substituted, namely:-substitution of new section for section 23a ''23a every judge shall be entitled to a staff car and one hundred conveyand fifty litres of petrol every month or the actual consumption of ance facili tiel petrol per month, whichever is less" amendment of section 23b 35 11 in section 23b of the supreme court judges act, for the words "five hundred rupees per month and three hundred rupetes", the words "one thousand two hundred and fifty rupees per month and sevekl hundred and ftffy rupees" shall be substituted 12 in the schedule to the supreme court judges act,-(a) in part i, after paragraph 6, the following paragraph shall 40 ~e inserted, namely:-amendment of the schedule '7 in the case of a judge to whom this part applies and who has retired on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986, the foregoing provisions of this part shall have effect subject to the modifications that-(i) in paragraph 2,-(a) in c~use (b), for the ftpes "470" and "2,000" and "1,200", thel ~res "1,235", '(37,500" and "3,150" shall 5 respectively be substituted; ('b) in the proviso, for the ~es "26,000", the\ figures "60,000" shall be substituted; (ii) to paragraph 3, the following proviso shall be added, namely:-10 "provided that the pension udder this paragraph shall in no case exceed rupees 54,000 per annum" (iii) in paragraph 5, for the figures "7,500" the figures "19,700" shall be sum"titut~; (iv) paragraph 6 shall be omitted'; 15 (b)' in part iii, after paragraph 3, the following paragraph shall be inserted, namely:-'4 in the case of a judge to whom this part applies and who has retired on or after the commencement of the high court and supreme court judges (conditions of service) amendment 20 act 1986, the foregoing provisions of this part shall have effect 'iubject to the modifications that-(i) in paragraph 2,-(a) in clause (~), for the figure\s "500" and "2,soi}" the\ figures ('1,600" and "8,000" shall respectively be su  2' stituted;  ) (b) after clause (b), the following proviso shall be inserted, namely:-"provided that the pension under clause (a) and the additional pension under ,clause (b) together shall in no case exc£!ed rs 60,000 per annum in the case of the chief justice andrs m,ooo per annum in the case of any other judge"; (ii) paragraph 3 shall be omitted'  statement of objects and reasonssince the passing of the high court judges (conditions of service) amendment act, 1976, and the supreme court judges (conditions of servite) amendment act, 1976, there has been no material modification of the conditions of service of high court and supreme court judges there has been a persistent demand for the improvement of the conditions of service of the judges of thp high courts and supreme court having considered all aspects of the matter, it is proposed to allow them certain benefits apart from the increase in their salarie~ 2 when a high court judge is elevated as a supreme court judge, he is entitled to carry forward leave on half allowances up to four months however, when ii person, who is holding a pensionable post under the union or state government is elevated as a high court judge, he is not entitled to carry forward the leave standing to his credit ai the time of his elevation the judges of high courts and supreme court have been extended the bem'fit of encashment of unutilised leave on full allowances standing to their credit at the time of their retirement in the absence of any provision for carry forward of leave on full allowances to the judges, they are not in a position to avail of the benefit of encashment of leave on full allowances up to the maximum pennissible limit of 180 days it is, therefore, proposed to give the benefit of carry forward of leave on full allowances up to a maximum of 180 days to a person holding a pensionable post under the union or a state government elevated as a high courf judge, and also to a judge of a high court elevated to the supreme court 3 the benefit of conveyance allowance was extended to the judges with effect from 1-10-1974 and the amount of conveyance allowance was then fixed at rs 300 per month presently, judges of high courts and supreme court are entitled to· a conveyance allowance of rs &00 subject to the maintenance of a motor car by them since then, the price of petrol :lnd also the maintenance cost of the car have increased considerably it is, therefore, proposed to provide every jud((e of a high court and supreme court with a staff car and also 150 litres nf petrol per month 4 at pres('nt, the chief justices of high courts are entitled to a f,umph1rrv allowance of rs 300 per month the chief justice of india and the judges of supreme court are entitled to a sumptuary allowance of rs 500 per month and· rs 300 per month respectively it is now proposed to increase the sumptuary allowance payable· to the chief tustice of india to rs 1,250 per month and of' the judge:; of supreme coart to rs 750 per month it is also proposed to enhance the :mmpfuary "ltowance payable to the chief justices of high courts to rs 500 and to gi',e a sumptuary allowance of rs 300 to the judges of high courts 5 in the case of central government employees, the ceiling on pension was removed and the dearness allowance up to 568 points was allowed to be included in the basic pay for calculation of pension, resulting in considerable increase in their pension there has, however, been no increase in the pension of judges of high courts/supreme court, especially ;n the case of judges elevated from the bar the rate of pension in the case of judges of the high courtslsupreme court was last increased in 1974 aiong with the proposed increase in the salary of the judges of the high courtslsuprcme court, their pensionary benefits are also required to be improved 6 the rates 'of pension have been calculated at the rate of 50% of the enhanced salary and the minimum pension that is payable has been worked out proportionately the ceiling on maximum pension per annum payable to a judge 1s restricted to 50% of the salary drawn by him at the time of his retirement 7 with the proposed increase in ,the pension of a judge commensurate with the increase in his salary it is proposed to increase the family pension, payable to his family after his death, at the rate of 50% of his pension admissible to him on the date of death, up to 7 years from the date of his death or till he would have attained the age of 65 years had he survived, whichever is earlier, and thereafter, at the rate of 50% of the above amount 8 the dea'th-cum-retiremcnt gratuity in the case of central government employees was increased from rs 36,000 to rs 50,000 with effect from 31-3-1985 in the case of judges also, it is propos~ to increa~e the death-cum-retirement gratuity from rs 30,000 to rs 50,000 9 the deposit linked insurance scheme was notified by the government 'of jndh in 1975, with a view to providing extra social security to the families of the subscribers of provident funds the judges of high courts and supreme court bec(jme entitled to the benefit of this scheme by virtue of the residuary provisions contained in the high court judges rules and supreme court judgps rules however 'the deposit linked insurance scheme was incorporated in the general provident fund (central s~rvic'es) rules 1960 in 1977 thus, those judges, who are entitled to subscribe on iv to general provident fund (central services) are entitled to the deposit linked insurance scheme and not those judges who subscribe to the state provident funds it is proposed to give the benefit of deposit linked insurance scheme even to those judges, who subscribe to the state provident funds it is, thcrcforp, propose<\ to ffistore the position obtaininj!' before 5-9-1977 by r:1ilkint! all the jud'!cs entitled to the benefit of the deposit linked insurance scheme, irrespective of whether they subscribe to the general provident fund or to the state provident funds hence this amenilment is proposed to be given retrospective eft'ect ie with effect from 5-9-1977, the date on which this s~heme was inserted in the general provident fund (central services) rules, 1960 10 the bill seeks to amend the high court judges (conditions of service) act, 1954 and the supreme court judges (conditions of service) act, 1958 to achieve the above mentioned objectives new delhi; a k sen the 4th august, 1986  president's recommendation under article 117 of the constitution of india[copy of letter no 24\100i8l)jus, dated the 6th august, 1986 from shri asoke kumar sen, minister of law and justice to the secretary-general, lok sabha] the president, having been informed of the subject matter of the high court and supreme court judges (conditions of service) amendment bill, 1986, recommends the introduction and consideration of the bill in lok sabha under article 117(1) and (3) of the constitution of india clause 2 of the bill seeks to amend section 4 of the high court judges (conditions of service) act, 1954 to enable the high court judges elevated from service to carry forward leave on fun allowance standing to their credit at the time of their elevation, subject to a maximum of 180 days at present, these judges are not entitled to carry forward the leave standing to their credit at the time of their elevation to the high court however, the high court judges are entitled to encashment of unutilised leave standing to their credit at the time of their reiirement, subject to n maximum of ] 80 days in view of this eneashment benefit, which is nlready extended to the jud~es, there will not be any additional financial liability in extending the present benefit of carry forward of leave similarly, clause 7 of the bill seeks to amend section 4 of the supreme court judges (conditions of service) act, 1958 so as to enhance the limit of carry forward of leave in the case of supreme court judges elevated from the high courts at present 'they are entitled to carry forward leave on half-allowance subject to a maximum of 4 months they will now be entitled to carry forward the leave on full-allowance standin'g to their credit at the time of their t:levation from the high court subject to a maximum of 180 days the enhancement of the limit of carry forward of leave will not involve any additional financial implications, as they are already entitled to encashment of unutilised leave standing to their credit at the time of their retirement, subject to a maximum of 180 days 2 clauses 3 (a) and 8 (a) of the bill seek to amend section 17a of the high court judges (conditions of service) act, 1954 and section 16a of the supreme court judges (conditions of service) act, 1958, so as to enhance the family pension payable to the family of a judge, who dies while in service or after his retirement at the rate of 50% of the pension admissihle to him on 1he c1nv of his death up to 7 years from the date of death or up to the date (in which the judge would have attained the age of 65 years had he survived, whichever is earlier and thereafter at the rate of 50% of the above amount at present, the family ofa jur1~e elevated from the bar is entitled to a family pension of rs 500 per month for a period of 7 years or up to the age of 65 years, as the case may be and thereafter at the rate of rc; 250 per month in the case of other judges, family pension is granted as per the rules of the service to which they belong the expenditure on this account in respect of lud~es of the runreme court and delhi high court, will be charged on the consolidated fund of india the expenditure 'on this account in respect of jud[1es of other high courts will be first charged on the con>lo1idllted fund of indir and subsequently recovered from ·the states in the case of judges to whom family pension would be payable, it is to be paid whether they die while in service or after retirement in the very nat-ure of things, it is not possible to work out the precise expenditure on this account at present the sanctioned strength of the rllpreme court is 26 assuming that all the 26 judges retire in the near future after attainjng the age of 65 years and the family pension has been paid after their retirement, the total amount of annual recurring expenditure will be of the order of rs 2,73,600 per year similarly, in the case of judges of the delhi high court, the sanctioned strength is 27 assuming that all the 27 judges retire in the near future after attaining the age of 62 years and the family pension has been paid after their retirement, the total amount of annual recuning expenditure will be of the order of rs 1,05,000 per year for the first three years and thereafter the annual recurrin'g expenditure will be of the order of rs 2,02,500 per annum 3, clauses 3 (b) and 8 (b) of the bill seek to amend section 17 a of the high court judges (conditions of service) act, 1954 and section 16a of the supreme court judges (conditions of service) act, 1958, to entitle the judges to the grant of enhanced rate of death-cum-retirement gratuity of rs 50,000 the present limit is rs 30,000 the expenditure on 'this account in respect of the judges of the supreme court and the i delhi high court is charged on the consolidated fund of india in respect of judges of other high courts, the additional expenditure will be first charged on the consolidate·, fund of india and subsequently recovered from the states during the next 4 years, 10 judges of supreme court and 10 judges of delhi high court will be retiring the additional expenditure in this regard io the central government will be of the order ,,f rs loo,ono per annum (r('curring) on an average for the: next 4 years 4 clauses 4 and !j of the bill seck to make new provision in the high court judges (conditlons of service) act, 1954 and the supreme court judges (conditions of sen'icc) act, 1958 to entitle the judges, who subscribe to the state provident fund to get the benefit of deposit linked insurance scheme [as provided under the general provident fund (central services) rules, 1960] with effect from 5-9-1977 [the date on which the deposit linked insurance scheme was incorporafed in the general provident fund (central s(~rvice~;) rules, 1960] the benefit of deposit linked insurance sc'heme was extended in hl75 to all 'the judges of the supreme court and high courts under the l'esiduary provisions of the high court judges rules, 1956 and the supreme court judges rules, 1959 however, the benefit ceased to be applicable to the judges of the supreme court and the high courts who subscribed to the state provident funds from 5-9-1977, ie, from the date on wbich the deposit linked insurance scheme was included in the general provident fund (ce'1tral services) rules, 1960 these clauses seek to regulatise the matter in view of this, no additional financial liability is involved in extending the deposit linked insurance scheme with effect from 5-9-1917 5 clauses 5 and 10 of the bill seek to amend section 22b of the high court judges (conditions of service) act, 19f14 and section 23a of the supreme court judges (conditions of service) act, 1958 to entitle every judge t)f the supreme court and the high courts to a staff car with 150 litres of petrol per month for official purposes the expenditure on this account in respect of the judges of the supreme court and the delhi high court will be charged on the consolidated fund of india in respect of judges of other high courts, the expenditure will be charged on the consolidated funds of the states the sanctioned strength of the judges ,,f the supreme court and the delhi high court is 26 and 27 and the existing nwn~r of staff cars is 7 and 6 respectively the expenditure in respect of additional stafl cars works out to its 40 lakhs (non-recurring) and the recuning expenditure towards petrol charges works out to rs 6,99,300 per annum since the judges of the· supreme court and the high courts will not now be entitled to the conveyance allow&llce of rs 500 per month, the actual additional expenditure will be rs 3,81,300 per annum (recurring)  6 clause 5 of the bill also seeks to amend section 23c of the high c'ourt judgtos (conditions of scrvice) act, 1954 to enhance the swnptuary allowance in the case of chief justices of high courts from rs 300 per month to rs 500 per month and to allow the sumptuary allowance of rs 30u to the judges of the high courts high court judges are not entitled to any sumptuary allowance at present similarly clause 11 of the bill seeks to amend section 23b of the supreme court judges (conditions of service) act, 1958 to enhance the sumptuary allowance in the case of the chief justice of india from rs 500 per month to rs 1250 per month and in the case of other judges from rs 300 per month to rs 750 per month the additional expenditure in the case of judges of the supreme court and the delhi high court will be charged on the consolidated fund of india in respect of judges of 'the other high courts, the expenditure:: will be charged on the consolidated funds of the states the additional recurring expenditure in the case of supreme court judges will be rs 1,44,000 per annum nnd in the case of delhi high court judges it will he rs 96,000 per annum 7 clauses 6 and 12 of the hill seck to amend the first schedule to the high court judges (conditions of' service) act, 1954 and the schedule to the supreme court judges (conditions of service) act, 1958, respectively to give enhanced pension tq the judges the maximum pension that will be admissible to a judge 01 the supreme court and high courts is hs 54,000 per annum and rs 43,000 per annum respectively the prcsenf limit is !ls 2b,ooo ~md rs :!'2,400 respectively the maximum pension that will be admissible to the chief justice of india and a chief justice of a state is rs 60,000 per annum and rs 54,000 per annum, respectively the additional expenditure in respect of the judges of the supreme court and the d~lhi high court will be charged on the consolidated fund of india in respect of judges of other high courts, the additional expenditul'c will be first charged on the consolidated fund of india and subsequentlv recovered fronl the states during the next 2 years, 4 judges of the delhi high court will be retiring and hence the average increased liabilities :cor the next 2 years will be of rs 47,200 per annum similarly during the next 2 years, 5 judges of the supreme court will be retiring and hence the average increased ~iabi1ity for the next 2 years will be rs 52,000 per annum 8 there will be ~o other recurring or non-recurring expenditure on account of proposa1s contained in the bm (28 of 1954) - - - - '  - 4 (1)  - - - (2) in the leave account of a judge-(a) there shall be credited to him-acclb1b1t showin, the amount of leave_ on actual service; and (i) one-fourth of the time spent by him - - - - 17a (1) where any judge who has elected to receive the pension famil, payable to him under part ii or part iii of the first schedule retires, pensions or dies, whether before or after retirement, in circumstances to which ::le··-section 17 does not apply, a family pension or gratuity, if 'any, shall be s payable to the persall or persons entitled thereto under the ordinary rules of his service if he had not been appointed a judge his service as a judge being treated as service therein for the purpose of calculating that family pension or gratuity (2) the rules, notifications and orders for the time being in force with respect to the grant of family pension in relation to an officer of the central civil services, class i, shall apply to the grant of family pension in relation to a judge who, being in service on or after the 1st day of october, 1974, dies, whether before or after retirement, in circumstances to which section 17 does not apply (3) the rules, notifications and orders for the time being in force with respect to the grant of death-rum-retirement gratuity benefit to or in i'elation to an officer of the central civil services, class i (including the provisions relati'rig to deductions from pension for the purpose) shall apply to 00' in relation to the grant of death-cum-retirement gratuity benefit to or in relation to a judge who, being in service on or after the 1st day of october, 1974, retires, or dies in cil'cumstances to which aection 17 does not apply, subject to the modifications that-- - - - - (iii) the maximum amount of gratuity payable shall be thirty thousand rupees explanaaion-in sub-sections (2) and (3) i the expression "judge" has the same meaning as in section 14 - - - - - 228 every judge shall be entitled to a conveyance' allowance of five codveyhundred rupees per month subject to the maintenance of a motor'car ance ~~ ~ aace 22c the chief justice of every high court shall be entitled to a sumptusumptuary allowance of three hundred rupees per mensem ary - - - - - auow· aact  ': ":  :  ~ ~ ;', (41 of 1958) - - - - - 4 (1) - -  - - (2) in the leave account of a judge-leave account showing the· amount of leave due (a) there shall be credited to him-- - - -  (iii) where the judge was, prior to his appointment as such, a judge of a high court, the period of leave earned by him as a judge of the high court, so, however, that such period shall not exceed four months in terms of leave on half allowances; and - - - -  famuy pension and gratuity 16a (1) the rules, notifications and orders for the time being in force with respect to the grant of family pension in relation to an officer of the central civil services, class i, shall apply to the grant of ~amily pension in relation to a judge who, being in service on or after the 1st day of october, 1974, dies, whether before or after retirement, in circumstancl:s to which section 16 does not apply (2) the rules, notifications and orders for the time being in force with respect to the grant of death-cum-retirement gratuity benefit to or in relation to an officer of the central civil services, class i (including  the provisions relating to deductions from pension for the purpose) shall apply to or in relation to the grant of death-cum-retirement gratuity benefit to or in relation to a judge who, being in service on or after the 1st tiay of october, 1974, retires, or dies in circumstances to which section 16 does not apply, subject to the modifications that-- -  - - (iii) the maximum amount of gratuity payable shall be thirty  thousand rupees explanation-in this section, the expression "judge" has the same meaning as in section 13 -  - - convey ance allowance 23a every judge shall be entitled to a conveyance allowance of five hundred rupees per month, subject to the maintenance of ~ motor car by him sumptu-ary allowance 238 the chief justice and each of the other judges shall be entitled to a sumptuary allowance of five hundred rupees per month and three hwldred rupees per month respectively - - - - -  a billfurther to amend the high cow,t judges (conditions of service) act, 1954 and the supreme court judges (conditions of service) act, 1958 (shri aboke kumar sen, minister of law and justice) 