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Union of India - Section

Section 2 in The High Court Judges Rules, 1956

2. Conditions of Service in certain cases.

- The conditions of service of a Judge of a High Court for which no express provision has been made in the High Court Judges (Conditions of Service) Act, 1954, shall be, and shall from the commencement of the Constitution be deemed to have been determined by the rules for the time being applicable to a member of Indian Administrative Service holding the rank of Secretary to the Government of the State in which the principal seat of the High Court is situated.[Provided that, in the case of a Judge of the High Court of Delhi, [and a Judge of the High Court of Punjab and Haryana] [Inserted by G.S.R. 497(E), dated 13th March, 1970.] the conditions of service shall be determined by the rules for the time being applicable to a member of the Indian Administrative Service on deputation to the Government of India and holding the rank of Joint Secretary to the Government of India stationed at New Delhi.][Provided further that, in respect of facilities for medical treatment and accommodation in hospitals :--
(a)in the case of Judges of the High Courts other than the Delhi High Court and the Punjab and Haryana High Court, the rules and provisions as applicable to a Cabinet Minister of the State Government in which the principal seat of the High Court is situated, shall apply;
(b)in the case of Judges, other than the Chief Justices, of the Delhi High Court and the Punjab and Haryana High Court, the rules and provisions as applicable to a Union Deputy Minister shall apply;
(c)in the case of the Chief Justices of Delhi High Court and the Punjab and Haryana High Court, the rules and provisions as applicable to a Union Cabinet Minister shall apply.]
NOTE. - Cases of reimbursement of medical charges decided before the commencement of these rules shall not be reopened unless it is specifically so desired by the Judge concerned.[Provided further that a judge of the High Court shall also be entitled to any one of the following special compensatory allowances, at the same rates as applicable to a member of the Indian Administrative Service holding the rank of Secretary to the Government of the State in which the principal seat of the High Court situate, with the condition that an option can be exercised to claim only one of the following Special Compensatory Allowances whichever is advantageous, namely :-
(i)Special Compensatory (Remote Locality) Allowance
(ii)Special Compensatory (Hill Area) Allowance
(iii)Special Compensatory (Bad Climate) Allowance
(iv)Special Compensatory (Schedules/ Tribal Area) Allowance]
[Explanation. - For the purpose of this proviso, it is hereby clarified that Special Compensatory (Remote Locality) Allowance shall be deemed to be admissible from 1st July, 1982] [Inserted by Notification No. G.S.R. 565(E), dated 7.8.2019.].[2-A. Residence of Judges. [Inserted by G.S.R. 1015, dated 21st July, 1979 (w.e.f. 1st October, 1974)]- Each Judge who avails himself of the use of an official residence, shall be entitled to without payment of rent to the use of a furnished residence throughout his term of office and for a period of one month immediately thereafter, and no charge shall fall on the Judge personally in respect of the maintenance of such residence. This concession shall also be admissible to the Members of the family of a Judge,who dies while in service for a period of one month immediately after his death.] [Inserted by Notification No. G.S.R. 394(E), dated 1.7.2004]Explanation. - For the purposes of this rule and rules 2-B and 2.C-[a] `Official Residence' means accommodation owned or taken on hire by requisition or otherwise, by Government and allotted to a Judge free of rent; [B] `maintenance' in relation to an official residence,includes the payment of local rates and taxes. [***] [The certain words omitted by G.S.R. 299 (E), dated 18th March, 1987 (w.e.f. 18th March, 1987.)][2-B. Free furnishing. [Rule 2-B, Substituted by G.S.R. 720(E), dated 3rd November, 1995 (w.e.f. 3rd November, 1995.)]- The value of free furnishing (including electrical appliances) provided free of rent in the official residence allotted to the Chief Justice shall not exceed [Rs. 8,00,000/- (Rupees eight lakhs only)] [Substituted by G.S.R. 1175(E), dated 4th November, 1986 (w.e.f. 4th November, 1986)] and in the case of other Judges shall not exceed [Rs. 6,00,000/- (Rupees six lakhs only)] [Substituted '(Rs.3,00,000/-) (Rupees Three Lakh only)' by Notification No. G.S.R. 239(E), dated 19.3.2018]]