Section 15 of The High Court Judges Salaries and Conditions of Service Act, 1954
1 [(1)] Every Judge— 2 * * * * *
- (b)who 3 *** has held any other 4 [pensionable post] under the Union or a State, shall on his retirement, be paid a pension in accordance with the scale and provisions in Part III of the First Schedule: Provided that every such Judge shall elect to receive the pension payable to him either under Part I of the First Schedule or, 5 *** Part III of the First Schedule, and the pension payable to him shall be calculated accordingly. 6[(2) Notwithstanding anything contained in sub-section (1), any Judge to whom that sub-section applies and who is in service on or after the 1st day of October, 1974, may, if he has elected under the proviso to that sub-section to receive the pension payable to him under 7*** Part III of the First Schedule before the date on which the High Court Judges (Conditions of Service) Amendment Act, 1976 (35 of 1976) receives the assent of the President, cancel such election and elect afresh to receive the pension payable to him under Part I of the First Schedule and any such Judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favourable in his case.]
Summary
- This section covers Judges who held a pensionable government job under the Union or a State before becoming a Judge.
- These Judges normally receive their pension based on the rules in Part III of the First Schedule.
- A Judge in this category must make a choice to receive their pension either under Part I or Part III of the First Schedule.
- A special exception exists for Judges who were in service on or after October 1, 1974.
- If those Judges had chosen Part III before the 1976 amendment act became law, they were allowed to cancel that choice and pick Part I instead.
- If such a Judge died before that amendment became law, the government automatically treats them as having chosen Part I if it provides a better pension.
Practical examples
FAQ
1. Who does this section apply to?
It applies to any High Court Judge who previously held a different pensionable job under the Union or a State government.
2. What happens if a Judge with previous government service does not want the Part III pension?
The law requires them to make an election, meaning they can officially choose to receive the Part I pension instead.
3. What if a Judge died in 1975 before the new amendment allowed them to change their mind?
The law protects them by automatically applying the Part I pension rules to their estate if those rules are more favourable.
Test yourself
Q1.Under Section 15 of The High Court Judges Salaries and Conditions of Service Act, 1954, which parts of the First Schedule must a Judge with previous pensionable service choose between for their pension?
Q2.Under Section 15 of The High Court Judges Salaries and Conditions of Service Act, 1954, what specific date is used as the cutoff to allow certain Judges to cancel their previous pension choice?
Q3.Under Section 15 of The High Court Judges Salaries and Conditions of Service Act, 1954, what happens if a Judge eligible to change their pension choice died before the 1976 amendment received the President's assent?
Q4.Under Section 15 of The High Court Judges Salaries and Conditions of Service Act, 1954, what type of prior employment triggers these specific pension rules?