TEXT :
15.48 hrs.

THE MINISTER OF LAW, JUSTICE AND COMPANY AFFAIRS AND MINISTER OF SURFACE TRANSPORT (SHRI M. THAMBI DURAI): I beg to move:

"That the Bill further to amend the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958, be taken into* consideration."

As you are aware, when an officer of the State Judicial Service is appointed as a Judge of a High Court, his leave account is regulated under the provisions of the High Court Judges (Salaries and Conditions of Service) Act, 1954. Accordingly, a judge is entitled to carry forward only the leave earned to the extent of 240 days. He is, however, not entitled to carry forward the half pay leave in his leave account in the Judicial Service.

15.49 hrs (Shri Khagapati Pradhani in the Chair)

Representations have also been received from some judges, requesting for a provision in the High Court Judges Act to enable them to avail the benefit of carry forward of half pay leave. The carry forward of half pay leave is permissible to officers of All India Services. In view thereof, it is proposed to make a suitable amendment to the High Court Judges Act to provide for the same. Similarly, the Registry of the Supreme Court has requested for deleting the restrictions of 240 days for the carry forward of leave on full allowances when a Judge of High Court is elevated to the Supreme Court. It is proposed to accede to the request and the restriction of 240 days provided under section 4(2)(a)(iii) of the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958, is proposed to be done away with.

A High Court Judge or a Supreme Court Judge is entitled without payment of rent, to the use of official residence. Where a Judge does not avail himself of the use of such residence, he is paid every month an allowance, that is, Rs.2,500 per month in the case of a Judge of a High Court and Rs.3,000 per month in the case of a Judge of the Supreme Court. Although there has been steep increase in the market rent of the houses, the allowances payable to the Judges in lieu of official residence, has remained static since 1986. This acts as a serious disincentive for Judges to occupy their own houses and accept the facility of House Rent Allowance (HRA). Few State Governments have to make appropriate residences available to Judges at much higher costs. Accordingly, it is proposed to increase HRA to Rs.10,000 per month in respect of the High Court and Supreme Court Judges, at a flat rate. Many of the State Governments have favoured the raising of HRA for the High Court Judges to Rs.10,000 per month.

The rates of pension of the Judges of High Court and Supreme Court were last enhanced with effect from the 1st November, 1986 by the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1986. The Fifth Central Pay Commission recommended revision in the pensionary benefits of the Central Government employees including the members of All India Services. The revised pension rules have come into force on the first day of January, 1996. In view of foregoing, a necessity is felt to increase the pension, additional pension and maximum pension of the Judges of the High Courts and the Supreme Court. The rate of revision of pension has been taken as 3.25 times universally in respect of all retired Judges w.e.f. 01.01.1996.

It is also proposed to enhance the entitlement of family pension from fifty per cent to sixty per cent of the pension admissible to a Judge up to the age of sixty-five years of such Judge, had he survived, or first seven years after his death, whichever is earlier, and thereafter from twenty-five per cent to thirty per cent of his pension, subject to a minimum of Rs.1,275 per month, on the analogy of the recommendation of the Fifth Pay Commission.

In the case of a Judge who has been elevated from the Bar, the existing provision provides for computation of Death-cum-Retirement Gratuity amounting to 20 days salary for each completed year of service, unlike on half-yearly basis applicable to in the case of a Central Government employee. It is now proposed to grant ten days salary as gratuity for each completed one-half year of service.

It is also proposed to remove the ceiling of Rs.8,000 per annum as special additional pension in compliance with the order dated the 20th January, 1991 of the Supreme Court of India in the matter of Justice M.L. Jain versus the Union of India.

I hope the Bill will receive the wholehearted support of the House.

MR. CHAIRMAN : Motion moved:

"That the Bill further to amend the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958, be taken into consideration."

______________________________________________________________ * Moved with the recommendation of the President.

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