1. Short title.—This Act may be called the High Court Judges 3
[(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 4*** appointed to act as a Judge 5*** 6
[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 4*** appointed as an additional Judge 7*** 8
[under
clause (1) of article 224 of the Constitution];
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* * * * *
(f) “High Court” means a High Court 10[for a State] and includes a High Court which was
exercising Jurisdiction 11[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 12[an acting Chief
Justice, an additional Judge and an acting Judge of the High Court];
1. Subs. by Act 18 of 1998, s. 2, for “certain conditions of service” (w.e.f. 1-1-1996).
2. The words and letter “in Part A States” omitted by the Adaptation of Laws (No. 3) Order, 1956 (w.e.f. 1-11-1956).
3. Subs. by Act 18 of 1998, s. 3, for “(Conditions of Service)” (w.e.f. 1-1-1996).
4. The words “who was” omitted by the Adaptation of Laws (No. 3) Order, 1956 (w.e.f. 1-11-1956).
5. The words, brackets and figures “under sub-section (2) of section 222 of the Government of India Act, 1935 or” Omitted by
Act 13 of 2016, s. 2 (w.e.f. 5-4-2016).
6. The words, brackets and figures “or under clause (2) of article 224 of the Constitution” were inserted by the Adaptation of
Laws (No.3) Order, 1956 (w.e.f. 1-11-1956).
7. The words, brackets and figures “under sub-section (3) of section 222 of the Government of India Act, 1935 or” omitted by
Act 13 of 2016, s. 2 (w.e.f. 5-4-2016).
8. The words, brackets and figures “under clause (1) of article 224 of the Constitution” were inserted by the Adaptation of Laws
(No.3) Order, 1956 (w.e.f. 1-11-1956).
9. Clause (e) omitted by Act 13 of 2016, s. 2 (w.e.f. 5-4-2016).
10. Subs. by the Adaptation of Laws (No.3) Order, 1956, for “in any Part A State” (w.e.f. 1-11-1956).
11. Ins. by Adaptation of Laws (No.3) Order, 1956 (w.e.f. 1-11-1956).
12. Subs. by Act 46 of 1958, s. 2, for “and acting Chief Justice of a High Court” (w.e.f. 1-11-1956).
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[(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;
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[(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, 3
[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.