Section 16A:
Family pension and gratuity.
1
[16A. Family pension and gratuity.2
[(1) Where a Judge who, being in service on or after the
commencement of the High Court and Supreme Court Judges (Conditions of Service) Amendment
Act, 1986 (38 of 1986),
(a) dies before retirement, 3
[family pension calculated at the rate of fifty per cent. of his
salary]
4
*** on the date of his death shall be payable to the person or persons entitled thereto and
the amount so payable shall be paid from the day following the date of death of the Judge for a
period of seven years or for a period up to the date on which the Judge would have attained the
age of sixty-five years, had he survived, whichever is earlier, 5
[and thereafter at the rate of thirty
per cent. of his salary] 6
***; and
7
[(b) dies after retirement on attaining the age of sixty-five years, 8
[family pension shall be
thirty per cent. of his salary]
4
*** and shall be payable to the person or persons entitled thereto;
(c) dies after retirement after seeking premature retirement and before attaining the age of
sixty-five years, family pension shall be calculated at the rates specified in clause (a) shall be
payable to the person or persons entitled thereto.]
9
[Provided that in no case the amount of family pension calculated under this sub-section shall
exceed the pension payable to the Judge under this Act.]
Explanation.For the purposes of determining the person or persons entitled to family pension
under this sub-section,
(i) in relation to a Judge who elects or is eligible to receive pension under Part I of the
Schedule, the rules, notifications and orders for the time being in force with regard to the person
or persons entitled to family pension in relation to an officer of the Central Civil Services,
Group A, shall apply;
(ii) in relation to a Judge who elects to receive pension under 10
* * * Part III of the Schedule,
the ordinary rules of his service if he had not been appointed a Judge with respect to the person or
persons entitled to family pension shall apply and his service as a Judge being treated as service
therein.]
(2) The rules, notifications and orders for the time being in force with respect to the grant of
death-cum-retirement gratuity benefit to or in relation to an officer of the Central Civil Services,
Class I (including the provisions relating to deductions from pension for the purpose) shall apply to or
in relation to the grant of death-cum-retirement gratuity benefit to or in relation to a Judge who, being
in service on or after the 1st day of October, 1974, retires, or dies in circumstances to which
section 16 does not apply, subject to the modifications that
(i) the minimum qualifying service for the purpose of entitlement to the gratuity shall be two
years and six months;
(ii) the amount of gratuity shall be calculated on the basis of 11
[ten days] salary for 12[each
completed six months period] of service as a Judge;
13***
14
* * * * *
Explanation.15
[In sub-section (2)], the expression Judge has the same meaning as in
section 13.]16]Explanation@i/@.—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.]br
Notes:
1. Ins. by Act 36 of 1976, s. 3 (w.e.f. 1-10-1974).
2. Subs. by Act 38 of 1986, s. 8, for sub-section (1) (w.e.f.1-11-1986).
3. Subs. by Act 8 of 2003, s. 2, for certain words (w.e.f. 01.01.1996).
4. The words plus fifty per cent. of his dearness pay omitted by Act 23 of 2009, s. 9 (w.e.f. 5-4-2016).
5. Subs. by Act 8 of 2003, s. 2, for and thereafter at the rate of half of the family pension so admissible (w.e.f. 1-1-1996).
6. The words plus thirty per cent. of his dearness pay omitted by Act 23 of 2009, s. 9 (w.e.f. 5-4-2016).
7. Subs. by Act 32 of 1989, s. 7, for clause (b) (w.e.f. 30-8-1989).
8. Subs. by Act 8 of 2003, s. 2, for family pension shall be thirty per cent. of the pension eligible (w.e.f. 1-1-1996).
9. The proviso ins. by s. 2, ibid. (w.e.f. 1-1-1996).
10. The words and figures Part II or omitted by Act 13 of 2016, s. 24 (w.e.f. 5-4-2016).
11. Subs. by Act 7 of 1999, s. 9, for twenty days (w.e.f. 1-1-1996).
12. Subs. by s. 9, ibid., for each completed year (w.e.f. 1-1-1996).
13. The word and omitted by Act 20 of 1988, s. 5 (w.e.f. 1-1-1986).
14. Clause (iii) omitted by Act 20 of 1988, s. 5. (w.e.f. 1-1-1986).
15. Subs. by Act 38 of 1986, s. 8, for In this section (w.e.f. 1-11-1986).
16. Explanation ins. by Act 44 of 2021, s. 3 (w.e.f. 18-12-2021).