Supreme Court Judges Rules, 1959
Supreme Court
Judges Rules, 1959
[4th August,
1959]
In exercise of the powers
conferred under sub-section (1) and clauses (a), (b), (d) and (e) of
sub-section (2) of Section 24 of the Supreme
Court Judges (Salaries and Conditions of Service) Act, 1958, (41 of 1958), the
Central Government hereby makes the following rules, namely—
Rule - 1. Short title
These rules may
be called the Supreme Court Judges Rules, 1959.
Rule - 2. Special being disability leave
The rules for the time in force
with respect to the grant of in special disability leave relation to an officer
of the Centre 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 his official position shall apply in relation to a Judge, subject to the
modification that the monthly rate of allowance payable to a Judge while on
such leave shall be as specified in the First Schedule to these rules.
Rule - 3. Extraordinary pensions and gratuities
The rules for the time being in
force with respect to the grant of extra ordinary pension and gratuities in
relation to an officer of the Central Civil Services, Class I, who has entered
service on or after the 1st April, 1937, and who may suffer injury or dies as a
result of violence in the course of and as a consequence of the due performance
of his official duties, shall apply in relation to a Judge, subject, however,
to the modification that reference in those rules to tables of injury gratuities
and pensions, and of family gratuities and pensions shall be construed as
references to the tables in Second Schedule to these rules.
Rule - 3-A. [Payment of arrears of pension
A Judge may nominate any other
person to receive the arrears of pension payable to him in accordance with the
provisions of the payment of Arrears of Pension (Nomination) Rules, 1983.]
Rule - 3-B. [Post retiral benefits
(1) The following
staff shall be deployed with a retired Chief Justice during his lifetime from
the establishment of the Supreme Court or a High Court with full pay and
allowances admissible to regular employees of the Supreme Court—
(a) domestic help
(equivalent to the level of Junior Court Attendant);
(b) chauffeur
(equivalent to the level of Chauffer in the Supreme Court); and
(c) secretarial
assistant (equivalent to the level of the Branch Officer in the Supreme Court).
(2) A retired Chief
Justice shall be entitled to a security cover round the clock at residence in
addition to round the clock personal security guard for a period of five years
from the date of retirement.
(3) A retired Judge
shall be entitled to a security cover round the clock at residence in addition
to round the clock personal security guard for a period of three years from the
date of retirement.
(4) Notwithstanding
anything in sub-rules (2) and (3), if a retired Chief Justice or a retired
Judge is already provided with a higher grade security on the basis of threat
perception, the higher grade security already provided shall continue.
(5) A retired Chief
Justice shall be entitled to a rent free Type-VII accommodation at Delhi (other
than the designated official residence) for a period of six months from the
date of retirement.
(6) The following
staff shall be deployed with a retired Judge during his lifetime from the
establishment of the Supreme Court or a High Court with full pay and allowances
admissible to regular employees of the Supreme Court—
(a) domestic help
(equivalent to the level of Junior Court Attendant); and
(b) chauffeur
(equivalent to the level of Chauffer in the Supreme Court).
(7) A retired Chief
Justice or a retired Judge shall be entitled to protocol to extend courtesies
at ceremonial lounges at airports.
(8) A retired Chief
Justice or a retired Judge shall be entitled to a residential telephone free of
cost and reimbursement of telephone call charges of residential telephone or
mobile phone or broadband or mobile data or data card not exceeding to Rs 4200
per month plus taxes as applicable:
Provided that the reimbursement
of telephone call charges shall be made by the Registrar of the Supreme Court
of India on furnishing a certificate by the retired Chief Justice or the
retired Judge in the form specified by the Registry of the Supreme Court of
India.
(9) The post
retiral benefits under this rule shall be admissible to the retired Chief
Justice or the retired Judge if no such facilities are availed from any High
Court or from any other government body where the retired Chief Justice or a
retired Judge has taken up any assignment after retirement.]
Rule - 3-C. [Security Cover
A retired Chief Justice or
retired Judges shall be entitled to a security cover round the clock at
residence in addition to round the clock personal security guard for a period
of one year from the date of retirement.]
Rule - 4. Residence of Judges
Each Judge shall be entitled
without payment of rent to the use of furnished residence throughout his term of
office and for a period of (one
month) immediately thereafter, and no charge shall fallon the Judge personally
in respect of the maintenance of such residence. This concession shall also be
admissible to the members of the family of a Judge, who dies while in service,
for a period of (one
month) immediately after his death:
[* * *]
Explanation- For the purposes of
this rule, ‘residence’ includes the staff quarters and other buildings
apartment thereto and the garden thereof, and ‘maintenance’ in relation to a
residence includes the payment of local
rates and taxes and electricity and water.
This rule shall be deemed to have
come into force on the 26th January, 1950.
Rule - 4-A. [Rent for period of over stay
(1) Where a Judge
occupies a residence beyond the period specified in Rule 4, he shall be liable
to pay, for the period of over stay, rent calculated in accordance with the
provisions of Fundamental Rules 45-B together with full departmental charges or
if the rents have been pooled, the pooled standard rent under Fundamental Rules
45-A whichever is higher.
(2) Where a Judge
dies while in service the members of his family shall, in addition to the
period specified in Rule 4, be entitled to occupy residence for a further
period not exceeding one month by making payment of rent calculated in
accordance with the provisions of Fundamental Rules, 45-A, or, if the rents
have been pooled the Standard rent under that rule.]
Rule - 4-B. [Free furnishings
The value of free furnishing
(including electrical appliances) provided free of rent in the official
residence allotted to the Chief Justice shall not exceed Rs 5(10,00,000)
(Rupees ten lakhs Only) and in the case of other Judges shall not exceed Rs
5(8,00,000) (Rupees eight lakhs only).]
Rule - 5. Facilities for medical treatment and accommodation in hospitals
In respect of facilities, for
medical treatment and accommodation in hospitals, the provisions of the All
India Services (Medical Attendance) Rules, 1954, shall apply to a Judge as they
apply to a Member of the India Administrative Service and shall be deemed to
have come into force on the 26th January, 1950:
Provided that the expenses shall
be reimbursed on prescription of Doctors/Hospitals or Recognised Private
Practioners/Private Hospitals by the Registry of the Supreme Court of India.
Rule - 5-A. Protocol
[* * *]
Rule - 6.
Conditions of Services where no
express provision is made in the Act. The conditions of service of a Judge of
the Supreme Court for which no express provision has been made in the Supreme
Court Judges (Salaries and Conditions of Service) Act, 1958, shall be and shall
from the commencement of the Constitution be deemed to have been determined by
the rules for the time being applicable to a member of the Indian
Administrative Service holding the rank of Secretary to the Government of India.
Note: Cases relating to
reimbursement of medical charges or any other matter covered by Rule 5 or Rule
6 which have been decided before the date of publication of these rules in the
Official Gazette, shall not be re-opened unless it is specifically so desired
by the Judge concerned.
Rule - 7. Decision of question
If any question arises about the
interpretation of the provisions of these rules, the decision of the Central
Government thereon shall be final.
Rule - 8. Savings
Nothing in these rules shall have
effect so as to give to a Judge who is serving as such on the date of
publication of these rules in the Gazette less favourable terms in respect of
his privileges than those to which he should have been entitled, if these rules
had not been framed.
THE FIRST
SCHEDULE
(See Rule
2)
The monthly rate of leave
allowances payable to a Judge while on special disability leave shall be as
follows:
|
Period
|
|
Monthly rate of leave allowance
|
|
(1)
|
First 120 days
|
(a)
|
at the monthly rate of salary for the
First 45 days
|
|
|
(b)
|
at the monthly rate of Rs 2220 for
the next 75 days.
|
|
(2)
|
for the remaining period of any such
disability leave
|
(i)
|
at the monthly rate of Rs 1110
|
|
|
(ii)
|
at the option of the Judge for a
period not exceeding the period of leave which under the provision in
Chapter-II of the Supreme Court Judges (Salaries and Conditions of Service)
Act, 1958, may be admissible to him on full allowances, at the monthly rate
of Rs 2220 provided that when such an option is exercised one half of such
leave shall be debited in the leave account.
|
THE SECOND
SCHEDULE
(See Rule
3)
INJURY GRATUITY
AND PENSION
Annual Pension
|
Officer
|
Gratuity
|
Higher Scale
|
Lower Scale
|
|
1.
|
The Chief Justice of India or acting
Chief Justice or a Judge of the Supreme Court.
|
Rs 20,000
|
Rs 5400
|
Rs 4700
|
FAMILY GRATUITY
AND PENSION
(A) WIDOW
|
Officer
|
Gratuity
|
Annual Pension
|
|
1.
|
The Chief Justice of India or acting
Chief Justice or a Judge of the Supreme Court.
|
Rs 15,000
|
Rs 5000
|
(B) CHILDREN
Annual Pension
|
If the child is motherless
|
Rs 550
|