Section 5
Aggregate amount of leave which may be granted.
The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
About this Act
An Act to regulate salaries and certain conditions of service of the Judges of the Supreme Court.
(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 1
[including the period credited to his leave account
under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court] 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, 2 [credited to his leave account―
(a) under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed, and
(b) under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court.]
(3) 3 [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.
(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, 2 [credited to his leave account―
(a) under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed, and
(b) under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court.]
(3) 3 [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.
Notes
1. Ins. by Act 77 of 1971, s. 4 (w.e.f. 17-10-1958).
2. Subs. by s. 4, ibid., for "credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed" (w.e.f. 17-10-1958).
3. Subs. by s. 4, ibid., for "The maximum period of leave which may be granted" (w.e.f. 17-10-1958).
2. Subs. by s. 4, ibid., for "credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed" (w.e.f. 17-10-1958).
3. Subs. by s. 4, ibid., for "The maximum period of leave which may be granted" (w.e.f. 17-10-1958).