Section 16A(1) in The Supreme Court Judges (Salaries And Conditions Of Service) Act, 1958
(1)Where a Judge who, being in service on or after the the commencement of the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1986 (38 of 1986),―(a)dies before retirement, family pension calculated at the rate of fifty per cent. of his salary *** 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, and thereafter at the rate of thirty per cent. of his salary ***; and(b)dies after retirement on attaining the age of sixty-five years, family pension shall be thirty per cent. of his salary *** 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.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 * * * 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.
