law: 15. Special provision of pension in respect of Judges who are members of service.-
  5[(1)] Every Judge-
  6* * * * *
  (b) who 7*** has held any other 8[pensionable post] under the Union or a State, shall on his retirement, be paid a pension in accordance with the scale and provisions in Part III of the First Schedule:
  Provided that every such Judge shall elect to receive the pension payable to him either under Part I of the First Schedule or, 9*** Part III of the First Schedule, and the pension payable to him shall be calculated accordingly.
  10[(2) Notwithstanding anything contained in sub-section (1), any Judge to whom that sub-section applies and who is in service on or after the 1st day of October, 1974, may, if he has elected under the proviso to that sub-section to receive the pension payable to him under 11*** Part III of the First Schedule before the date on which the High Court Judges (Conditions of Service) Amendment Act, 1976 (35 of 1976) receives the assent of the President, cancel such election and elect afresh to receive the pension payable to him under Part I of the First Schedule and any such Judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said Part I if the provisions of that Part are more favourable in his case.]
  1. Subs. by Act 13 of 2016, s. 7 (w.e.f. 5-4-2016).
  2. Ins. by Act 46 of 1958, s. 5 (w.e.f. 1-11-1956).
  3. Subs. by Act 13 of 2016, s. 7, for the Explanation (w.e.f. 5-4-2016).
  4. Ins. by s. 8, ibid. (w.e.f. 5-4-2016).
  5. Section 15 renumbered as sub-section (1), thereof by Act 35 of 1976, s. 2 (w.e.f. 1-10-1974).
  6. Omitted by Act 13 of 2016, s. 9 (w.e.f. 5-4-2016).
  7. The words "is not a member of the Indian Civil Service but" omitted by s. 9, ibid. (w.e.f. 5-4-2016).
  8. Subs. by Act 57 of 1980, s. 4, for "pensionable civil post".
  9. The words and figures "as the case may be, Part II or" omitted by Act 13 of 2016, s. 9 (w.e.f. 5-4-2016).
  10. Ins. by Act 35 of 1976, s. 2 (w.e.f. 1-10-1974).
  11. The words and figures "Part II or, as the case may be," omitted by Act 13 of 2016, s. 9 (w.e.f. 5-4-2016).
  12. The words and figures "Part II or" omitted by s. 10, ibid. (w.e.f. 5-4-2016).