High Court Judges Salaries and Conditions of Service Act, 1954
No: 28 Dated: May, 20 1954
THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1954
ACT NO. 28 OF 1954
An Act to regulate salaries and certain conditions of service of the Judges of High Courts.
BE it enacted by Parliament in the Fifth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title.—This Act may be called the High Court Judges (Salaries and Conditions of Service) Act, 1954.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “acting Chief Justice” means a Judge appointed under article 223 of the Constitution to perform the duties of the Chief Justice;
(b) “acting Judge “ means a person appointed to act as a Judge under clause (2) of article 224 of the Constitution;
(c) “actual service” includes—
(i) time spent by a Judge on duty as a Judge or in the performance of such other functions as he may, at the request of the President of India, undertake to discharge;
(ii) vacations, excluding any time during which the Judge is absent on leave;
(iii) Joining time on transfer from a High Court to the Supreme Court or from one High Court to another or from the Supreme Court to a High Court;
(iv) time spent by a Judge on duty as a Judge of a former Indian High Court;
(v) time spent by a Judge to attend the sittings of the Supreme Court as an ad hoc Judge under article 127 of the Constitution; and
(vi) vacation (excluding any time during which the Judge was absent on leave) taken by a Judge as a Judge of a former Indian High Court;
(d) “additional Judge” means a person appointed as an additional Judge under clause (1) of article 224 of the Constitution
(f) “High Court” means a High Court for a State and includes a High Court which was exercising Jurisdiction in a Part A State or in the corresponding Province before the commencement of the Constitution;
(g) “Judge” means a Judge of a High Court and includes the Chief Justice an acting Chief Justice, an additional Judge and an acting Judge of the High Court;
(gg) “pension” means a pension of any kind whatsoever payable to or in respect of a Judge, and includes any gratuity or other sum or sums so payable by way of death or retirement benefits;
(h) “service for pension” includes—
(i) actual service;
(ii) the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary;
(iii) joining time on return from leave out of India;
(i) “prescribed” means prescribed by rules made under this Act.
(2) In the calculation of service for the purposes of this Act, service for any period or periods as acting Judge or additional Judge shall be reckoned as service as a Judge but, save as otherwise expressly provided, previous service as an acting Chief Justice shall not be reckoned as service as Chief Justice.
CHAPTER II
LEAVE
3. Kinds of leave admissible to a judge.—(1) Subject to the provisions of this Act, leave granted to a Judge may be at his option either—
(a) leave on full allowances (including commuted leave on half allowances into leave or full allowances on medical certificate); or
(b) leave on half allowances; or
(c) leave partly on full allowances and partly on half allowances.
(2) For the purposes of this Chapter, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances.
(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendar year, for such number of days and subject to such conditions as may be prescribed.