The High Court Judges Salaries and Conditions of Service Act, 1954

This Act may be called the High Court Judges 1[(Salaries and Conditions of Service)]Act, 1954.

(1) In this Act, unless the context otherwise requires, (a) "acting Chief Justice" means a Judge appointed under article 223 of the Constitution toperform the duties of the Chief Justice; (b) "acting Judge" means a person 1*** appointed to act as a Judge 2*** 3[under clause (2) ofarticle 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 ashe 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 Courtto 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 underarticle 127 of the Constitution; and (vi) vacation (excluding any time during which the Judge was absent on leave) taken by aJudge as a Judge of a former Indian High Court;br(d) "additional Judge" means a person 1*** appointed as an additional Judge 4*** 5[underclause (1) of article 224 of the Constitution]; 6* * * * * (f) "High Court" means a High Court 7[for a State] and includes a High Court which wasexercising Jurisdiction 8[in a Part A State or] in the corresponding Province before thecommencement of the Constitution; (g) "Judge" means a Judge of a High Court and includes the Chief Justice 9[an acting ChiefJustice, an additional Judge and an acting Judge of the High Court]; 10[(gg) "pension" means a pension of any kind whatsoever payable to or in respect of a Judge, andincludes any gratuity or other sum or sums so payable by way of death or retirement benefits;] (h) service for pension includes (i) actual service; 11[(ii) the amount, actually taken, of each period of leave on full allowances at a rate equal tothe 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, 12[service for any period or periods asacting Judge or additional Judge] shall be reckoned as service as a Judge but, save as otherwise expresslyprovided, previous service as an acting Chief Justice shall not be reckoned as service as Chief Justice. 13* * * * *

(1) Subject to the provisions of this Act, leave granted toa Judge may be at his option either 1[(a) leave on full allowances (including commuted leave on half allowances into leave or 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 calendar year,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 duties notconnected with the High Court, cannot enjoy any vacation which would otherwise have beenentitled to enjoy had he not been so detained, as compensation for the vacation not enjoyed, aperiod equal to double the period by which the vacation enjoyed by him in any year falls short ofone month; and 2[(iii) where the Judge had, prior to his appointment as such, held any pensionable post underthe Union or a State, the period of leave earned by him in the said post, 3* * * * *and] (b) there shall be debited to him all leave with all by him.

1[4A. Leave encashment.A Judge shall be entitled in his entire service, including the period ofservice rendered in a pensionable post under the Union or State or on re-employment, if any, to claim thecash equivalent of leave salary on his retirement 2[in respect of the period of leave at his credit, calculatedcalculated on full allowances basis,] to the extent of the maximum period prescribed for encashment ofsuch leave under the All India Service (Leave) Rules, 1955.]