 bill no 52 of 1_ the high court and supreme court judges (conditions of service) amendment bill, 1989 a bnlfurther to amend the high court judges (conditi<m& of service) act, 1954 and the su,pt'etne court juc1ges (conditions of service) act, 1958 be it enacted by parliament in the fortieth year of the republic of india as follows:- chapi'er i preliminarys 1 (1) this act may be called the high court and supreme court judges (conditions of service) amendment act, 1989 short title and c"mmence'-ment (2) the provisions of sections 2, 4 and 5 shall be deemed to have come into force on the lst day of november, 1986 and the provisions of sections 3 and 6 shall be deemed to have come into force on the 1st day 10 of april, 1986  chapter ii amjdmment of the high court judges (conditions of savicm) act 19542 b·_tion 4 of the iiich court jude (conditio" of serviee) act, amend-28 f 195'" is 1154 (bereafter in this chapter referred to  the bieh court jiitips ad), ment of o  rid sub-ection (2), in ciauie (a), in sub-clliuije (iii), for the words "one 'han  ,uci,eiehty ,d,ays", tile words "t'!'o hundred and foioty days" wil section 4 " ia~ltuw ' <' '   '; " :r, ,,' 3 in section 9 of the htgh court judges act,-amend mentot !ection 9  (a) in sub-section (1), for the words "anti thereafter two thou-iud two handredj and twenty rupees", the words "add thereafter, in the case of the chief justice fifty-five per cent of the monthly rate of his salary and in the case of each of the other judgeb, sixty per cent of the monthly rate of his salary' shall be substituted; 5 (b in sub-section (2), for the words "one thousand o~ hundred and ten rupees" the words ", in the case of the chief justice, twentyseven and a half per cent of the monthly rate of his salary and in  the c1lse of each of the other judges, thirty per cent of the monthly 10 rate of his salary" shall be substituted  amend mentol l'iection 17a 4 in section 17 a of the high court judges act in sub-section (1), for the words "family pension so admissible", the words "family pension so admissible subject to a minimum of three hundred and seventy-five rupees per month" shall be substituted  chapter iiiamendment of the supreme court judges (conditiom; of service) aj:r 1958 i; ! : - i j ' , ' 5 iii sectioll:4 of the 'stapinlne court ju  -<c'onditfoaa ,of service) amend mentof section 4 act, 1958 (hereafter in this chapter referred to as the supreme court 20 41 01 1958 judges ad), in sub-section (2), in 'clause (a), in sub-cla1l8e (iii), for the words "one hundred and eighty days", the words "two h1dldred and forty days" shau be ~ 6 in section 9 of the supreme court judges act-amend mentof eection 9 (a) ip ~ (~), for ~ ~i:"" i~~ ~,~-:thou- 25  88i1d two hundred and twenty rupees", the words "~ tlie~, in the case of the chief justice, fifty per cent of the  ~dihly "rate of'his salary and in the case:' eadlef the other judges, fifty-five per cent of the monthly ra"~, ~is~" shall be substituted;  (b) 1ft sbb-ti«tiod' (z), -for the words- «ode(~'  ne jiuadred 30 and ten rupeiiiii", tbe~w""~·ia·the 0ne~ cwef;lumice,tweatyftve pea;-:ent of ,t~ ~onthly rate of his salary, and in d,te case of each of the othet: judj~s, tweuty-seven and - half per tient:' of the monthly rate of his salary" shad be substituted ,~ ;:    ~ '"l ' r 7 in section 16a of the ,supre~e court judges act, in sub-gection 35 (1), for clause (b), the following clauses shall be substituted, namely:-amendmental bedion 1m "(b) di~ jter -)~~t oj\ a:~ifig tbeare( of btity-flve years, family pension sball be c8lculated at the rate of half of the \ r6dtuf ~ow t!ib 1,mlmt!! to him add aball be pay~ to the ~n ~ ~~eilutled th8leto; ' "" :,', ••   ,,  ' k>i~ "'40  ,p cd' }; '~' (t: ~i~~ ·,ua1ilatuft':"l~t  ,fit) ,~cu_"d~~ '~·~1 :ll-fkie '!i' 'l:a-' ' ',;,, ad before a~iitmg'the age oj: ~ ,, aliw'  ~~ be c:alcu1ated at the ra_ apeclfiecl in clauie (4) add:'~ be 'pa,tjle to the penon or period8 _titled thereto" consequent to the implementation of the major reeommendatiods ot the fourth pay commisiloll,' fdrther! certain miroi amendments to the ~ c~ j,u4iee ~(cpnd,it~ons of service) act, 1954 and the supreme c9~judses- (p>~~ris_,of,~rvice) a;&t, 1958' luive become- neeesbll'y -  '2 at 'preiient the :judges of the high courts ~d supreme co~ ~h~ have held pfnsioiiable post prior to ~ir appointment as 5uch judges ar~ givert· the 'berififlt of' carry fonard' 'of' leave eatned by them in their earuer 'post; subject to a ceiling 'of 180 days this ceiling is proposed to  be raised to a ma'rlmum of 240 days with effect from 111,,1986 " 3 the salaries' of  judges of high' courts and supreme court were revised with e~eet froin 1-4-1986': but the rates of ,leave allowances were not revised it m, therefore, 'proposed to-revise·tbe- rates of+t~, ~owances with"eftect; from 141986 i -4 the judges of high courts who prior to their appointment, have not held' a 'pensionable post and' who retire withid less ~ seven years of service are ~d k minimum' penipon-of rs 15,750 per annum fanwy pension in their case 'is calculated at the ,t'ateothalf of the pension this is payable 'to his family for a period of seven years or· up ,to the date;! when the judge would have attained the age' of 56-years, and, thereafter, half of 'pie family j pension' so admissible' -the amount 'of minimum family pension for seven years after retirement or '65: years of age comes to rs 328 pm, now this amount: is propdsed to be increased to rs 375 per month with effect from 1·11-1986' dpporiunity is being availed', of to' make' ~ertain other amendments of a cbrificatpry nature  p!resid~t's recommendation· under articles 117 and 274 of the constitution of india[copy of letter no 24/60/87jus" dated the 17th july, 1989 from shri b shankaranand, 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 1989 recommends the introduction and consideration of the bill in lok sabha under article 117 (1) and (3) and 275 (1) of the constitution of india 5, the bill seeks to achieve the above objectives, nmw drliu; b shankaranand the 12th july 1989 clauses 2 and 5 of the bill seek to amend section 4 of the high coun judges (conditions of service) act, 1954 and the supreme court judges (conditions of service) act, 1958 so as to raise the ceiling of carry forward leave of the' judges of f!!very high court and the supreme court from 180 days to 240 days the proposal, however, does not involve dy additional expenditure as the judges are already entitled to encashment of leave up to 24() days 2 clauses 3 and 6 of the bill seek to amend section 9 of the high court judges (conditions of service) act, 1954 and the supreme court 'judges (conditions of service) act, 1958 so as to raise the reave allowances payable to judges there will, however, be no additional expenditure on this account 3 clause 4 of the bill seeks to amend section 17a of the high court judges (conditions of service) act, 1954 so as to fix the minimum family pension of rs 375 per month to the families of high court judges who have not held a' pensionable post prior to their appointment as such a2 thn'e are very few judges who retire with less than 7 years of service with minimum pension raising of minimum family pension will also have insignificant financial implication it is not possible to estimate this expenditure however the recurring expenditure on this account is estimated at rs 2,000 per annum 4 the bill does not involve any other expenditure either recurring or non-recurring i i (28 01' ~) - - - - - 4 (1) - - - - (2) in the leave account of a judge-(a) there shall be credited to him-- - - - - leave account showing the amount of leave (iii) where the judge had, prior to his appointment as such, due held any pensionable post under the union or a state, the period of leave earned by him in the said post, so, however, that such period shall not exceed one hundred and eighty days in terms of leave on full allowances; and - - - - - leave 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 salafy, and thereafter two thousand two hundred and twenty rupees: provided that where leave on full allowances is granted to a judge on medical certificate, the monthly rate of leave allowances shall, for the first one hundred and twenty days of such leave, be a rate equal to the monthly rate of his salary (2) the monthly rate of leave allowances payable to a judge while on leave on half allowances shall be one thousand one hundred and ten rupees - - - - - 38 of 1988 family pensions and 'gratuities :l"la (1) where a judge who, being in service on or after the commencement of the high court and supt'eme court judges (conditions of service) amendment act, 1986 dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated at the rate of fifty per cent of the pension admissible to him on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid, from the day following the date of death of the judge for a period of seven years or for a period up to the date on which the judge would have attained the age of sixty-five yeari, had he survived, whichever is e&l"lier, il!ld thereafter at the rate of half of the family pension so admissible j:q>lcitagtion-for the purposes of determining the person or persona entitled to tamny pension under thjs 8ub-section,-0) in relation to a judge who elects cli' is eligible to receive pension under part i of the first schedule, the rules, notifications and orders for the, time being in ~~e with regard to the person or persons entitled to family pension in relation to an officer of the cmtral ci~ services, group 'a', shall apply; (ii) in :relation to a judge who elects to receive pension under part n or part m of the firat scbedule, the ordinary rules of hii 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 being treated 85 service therein - - -  -  errracts from: the supreme court judgis (cohdi'1'ions of sdlvicb) , al:t, 1958(41 or 1958) - - - - - ~ (1)              -                              -                                               -                                                                -                                                                                 - (2) in the leave account of a judge-leave account showing th£: 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 ~ed by bim as a judge of t;jle high court, so, however, that such period shall not ~               one hundred and eighty days in terms of leave on fuii allowances; and'                                                        !     -                    -                                   -                                                  ,                                                                   - leave allow-ances    t (1) the monthly rate of leave allowances payable to a judge while oil leave oil ~                            allowances shall be for the first forty-ftve days ofsueh leave a ;rate equal to the mon~y rate of the salaryan~ 'thereaftej' two thousand two hundred and twenty rupees:                                                                           provided that where leave on full allowances is granted to a judge on medical certificate, the monthly rate of leave allowances shall, for the ftrst one hundr~ and twenty days of such leave, qe a rate equal to the month11rate of ;hfs sa,lary                                                               "   w the mo~thl1 ~ate of jeave allowances payable to a j~ge while an leave on h81f a110wahces shall be one 1lho~one hundred and ten ,~pees:                                  i    provided that the monthly rate of leave ~wances ~y~~le to a j~a~ in ':respedt df'1ettvecredited to his l_ve aqcount !~t!r ~~~~~tian :~):(c1)'(fii)of ·~tion 4 shall not ex~ tbe~te ,of l~ve~li~e~ ~ssible toltlm therefor as a judge of a mgh court and ,shall be pj,y-able by the stttb iaovemment eoneemed                                                                              '                          -                                       -                                                    -                                                                    - family pension and gratuity - jia (1) where a judge who, being ill service on' or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986,- ' - - - - (b) dies after retirement, family pension calculated at the rate of half of the pension so admissible to him shan be payable to the person ,or persons entitled thereto e~zanation-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 or is eligible to receive pension under part i of the schedule, the rules, notifications 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; (ii) in relation to a judge who elects to receive pension under part n or part in of the 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 pen$ion shall apply and his service as a judge being treated as service therein  - - - - -  a billfurther to 4mend the high court judges (~nditions oj service) act_     1954 and the supreme court judges (conditions of service)                                                                          act,     1958 (shri b shank41'a1l4nd, minute?' of law and juatice) 