Bill on Salaries and Conditions of Service of High Court and Supreme Court Judges introduced in Lok Sabha on November 30, 2021.
The legislative intent behind insertion of section 17B and section 16B respectively was to provide benefit of additional quantum of pension to a retired Judge from the first day of the month in which he completes the age specified in the first column of the scale and not from the first day of his entering the age specified therein as so interpreted by the High Courts. Therefore, it is proposed to insert an Explanation in section 17B of the said High Court Judges Act and in section 16B of the said Supreme Court Judges Act to clarify the intention and to ensure that there is no scope for any other interpretation.
In section 17B of the High Court Judges (Salaries and Conditions of Service) Act, 1954, the following Explanation shall be inserted, namely:
“Explanation.—For the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.”.
In section 16B of the Supreme Court Judges (Salaries and Conditions of Service)Act, 1958, the following Explanation shall be inserted, namely:
“Explanation.—For the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.”.