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—
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[(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.
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[(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.]
4. Leave account showing the amount of leave due.—(1) A leave account shall be kept for each
Judge 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;7***
(ii) where the Judge, by reason of his having been detained for the performance of duties not
connected with the High Court, cannot enjoy any vacation which would otherwise have been
entitled to enjoy had he not been so detained, as compensation for the vacation not enjoyed, a
period equal to double the period by which the vacation enjoyed by him in any year falls short of
one month; and
1. Ins. by Act 50 of 1961, s. 2 (w.e.f. 20-5-1954).
2. Subs. by Act 57 of 1980, s. 2, for sub-clause (ii) (w.e.f. 10-12-1980).
3. Subs. by Act 13 of 2016, s. 2, for certain words (w.e.f. 5-4-2016).
4. Sub-sections (3) and (4) omitted by s. 2, ibid. (w.e.f. 5-4-2016).
5. Subs. by Act 78 of 1971, s. 3, for clause (a) (w.e.f. 15-1-1972).
6. Ins. by Act 13 of 2016, s. 3 (w.e.f. 5-4-2016).
7. The word “and” omitted by Act 38 of 1986, s. 2 (w.e.f. 1-11-1986).
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1
[(iii) where the Judge had, prior to his appointment as such, held any pensionable post under
the Union or a State, the period of leave earned by him in the said post, 2*** and]
(b) there shall be debited to him all leave with all by him.
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[4A. Leave encashment.—A Judge shall be entitled in his entire service, including the period of
service rendered in a pensionable post under the Union or State or on re-employment, if any, to claim the
cash equivalent of leave salary on his retirement 4
[in respect of the period of leave at his credit, calculated
calculated on full allowances basis,] to the extent of the maximum period prescribed for encashment of
such leave under the All India Service (Leave) Rules, 1955.]
5. Aggregate amount of leave which may be granted.—(1)The aggregate amount of leave which
may be granted to a Judge during the whole period of his service as such shall not exceed in terms of
leave on half allowances three years together with the aggregate of the periods, if any, credited to his
leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed.
(2) The aggregate amount of leave on full allowances which may be granted to a Judge during the
whole period of his service as such shall not exceed one-twenty-fourth of the period spent by him on
actual service together with one-half of the aggregate periods, if any, credited to his leave account under
sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed.
(3) 5
[Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave which
may be granted] at one time shall be, in the case of leave on full allowances, five months and in the case
of leave with allowances of any kind, sixteen months.
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[5A. Commutation of leave on half allowances into leave on full allowances.—(1)
Notwithstanding anything contained in sub-section (2) of section 5, a Judge may be permitted to commute
leave on half allowances into leave on full allowances on medical certificate up to a maximum of three
months during the whole period of his service as a Judge.
(2) In computing the maximum period of leave on full allowances which may be granted at one time
to Judge under sub-section (3) of section 5, the amount of commuted leave permitted to him under this
section shall not be taken into account.]
6. Grant of leave not due.—Subject to the maximum limit specified in sub-section (1) of section 5,
leave on half allowances may be granted to a Judge in excess of the amount at his credit—
(i) on medical certificate; or
(ii) otherwise than on medical certificate, for not more than six months 7
[or for two or more
periods, not exceeding in the aggregate, six months] during the whole period of his service as aJudge:
Provided that no such leave shall be granted if the Judge is not expected to return to duty at the end of
such leave and earn the leave granted.
7. Special disability leave.—The rules for the time being in force with respect to the grant of special
disability leave in relation to an officer of the Central Civil Services, Class I who has entered service on
or after the 16th July, 1931 and who may be disabled by injury caused in, or in consequence of, the due
performance of his official duties or in consequence of his official position, shall apply in relation to a
Judge.
1. Ins. by Act 38 of 1986, s. 2 (w.e.f. 1-11-1986).
2. The words “so, however, that such period shall not exceed two hundred and forty days in terms of leave on full allowances”
omitted by Act 7 of 1999, s. 2 (w.e.f. 8-1-1999).
3. Ins. by s. 3, ibid. (w.e.f. 8-1-1999).
4. Subs. by Act 13 of 2016, s. 4, for “in respect of the period of earned leave at his credit” (w.e.f. 5-4-2016).
5. Subs. by Act 78 of 1971, s. 4, for “the maximum period of leave which may be granted” (w.e.f. 15-1-1972).
6. Ins. by s. 5, ibid. (w.e.f. 15-1-1972).
7. Subs. by Act 46 of 1958, s. 3, for “and not more than once” (w.e.f. 1-11-1956).
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8. Extraordinary leave.—1
[Extraordinary leave may be granted to a Judge for a period not
exceeding six months, or for two or more periods, not exceeding in the aggregate, six months] during the
whole period of his service as a Judge in excess of any leave permissible under the foregoing provisions
of this Chapter, but no salary or allowances shall be payable during, or in respect of, such leave.
2
[9. Leave allowances.—The monthly rate of leave salary payable to a Judge shall be in accordance
with the provisions of sub-section (1) of section 3.]
10.[Allowances for joining time.]Omitted by the High Court and the Supreme Court Judges (Salaries
and Conditions of Service) Amendment Act, 2016 (13 of 2016), s. 6 (w.e.f. 5-4-2016).
11. Combining leave with vacation.—A Judge may be permitted to combine vacation on full salary
with leave, if.—
(a) where the vacation consists of one continuous period, the leave is taken either at the
commencement or at the end of the vacation but not a both;
(b) where the vacation is divided into two separate periods, the leave is taken for the interval, or
part of the interval, between the two periods of that vacation, or for the interval, or part of the interval,
between the second period of that vacation and the commencement of the next ensuing vacation:
Provided that no such permission to combine vacation with leave shall be granted if it becomes
necessary to appoint an acting Chief Justice during the period of vacation or if the Judge is not expected
to return to duty at the end of such leave.
12.Consequences of overstaying leave or vacation.—If a Judge overstays his leave or any vacation,
whether combined with leave or not, he shall receive no salary for the period of his absence in excess of
leave granted to him or beyond the end of the vacation, as the case may be:
Provided that if such absence is due to circumstances beyond his control, the period thereof may be
treated as leave and may be debited to his leave account.
13.Authority competent to grant leave, etc.—The authority competent to grant or refuse leave to a
Judge or revoke or curtail leave granted to a Judge shall be the Governor of the State in which the
principal seat of the High Court is situate, after consultation with the Chief Justice of that HighCourt.