The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958

This Act may be called the Supreme Court Judges 1[(Salaries and Conditions ofService)] Act, 1958.

In this Act, unless the context otherwise requires,― (a) “acting Chief Justice” means a Judge appointed under article 126 of the Constitution toperform the duties of the Chief Justice of India; (b) “actual service” includes― (i) time spent by a Judge on duty as a Judge, or in the performance of such other functionsas he may, at the request of the President, undertake to discharge; and (ii) vacations; (c) “Chief Justice” means the Chief Justice of India, but does not include an acting ChiefJustice; (d) “High Court” means the High Court for a State; (e) “Judge” means a Judge of the Supreme Court and includes the Chief Justice and an actingChief Justice; (f) “prescribed” means prescribed by rules made under this Act; (g) “service as a Judge in India” means service rendered 1[in the Supreme Court] and in oneor more of the High Courts, and “Judge in India” and “service for pension as a Judge in India”shall be construed accordingly; (h) “service for pension” includes― (i) actual service; (ii) time spent by a Judge of a High Court in attending the sittings of the Supreme Courtas an ad hoc Judge under article 127 of the Constitution, if he is subsequently appointed as aJudge: 2[(iii) the amount, actually taken, of each period of leave on full allowances at a rate equalto the monthly rate of the salary;] (i) “vacation” means such period or periods during a year as may be fixed as vacation by orunder the rules of the Supreme Court made with the prior approval of the President.

(1) Subject to the provisions of this Act, leave grantedto a Judge may be at his option either― 1[(a) leave on full allowances (including commuted leave on half allowances into leave on fullallowances 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 asdouble that period of leave on half allowances. 2[(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendaryear, for such number of days and subject to such conditions as may be prescribed.]

(1) A leave account shall be kept for eachJudge showing therein the amount of leave due to him in terms of leave on half allowances. (2) In the leave account of a Judge― (a) there shall be credited to him― (i) one-fourth of the time spent by him on actual service; 1*** (ii) where the Judge, by reason of his having been detained for the performance of dutiesnot connected with the Supreme Court, cannot enjoy any vacation which he would otherwisehave been entitled to enjoy had he not been so detained, as compensation for the vacation notenjoyed, a period equal to double the period by which the vacation enjoyed by him in anyyear falls short of one month; 2[(iii) where the Judge was, prior to his appointment as such, a Judge of a High Court, theperiod of leave earned by him as a Judge of the High Court, 3***; and] (b) there shall be debited to him all leave with allowances taken by him. (3) This section shall be deemed to have come into force on the 1st day of May, 1958.

1[4A. Leave encashment.―A Judge shall be entitled in his entire service, including the period ofservice rendered either as a Judge of a High Court or in a pensionable post under the Union or a Stateor on re-employment, if any, to claim the cash equivalent of leave salary on his retirement2[in respectof the period of leave at his credit, calculated on full allowances basis,] to the extent of the maximumperiod prescribed for encashment of such leave under the All India Service (Leave) Rules, 1955.]