Article 25 - Amendment of Second Schedule - Constitution (7th Amendment) Act, 1956

Amendment of Second Schedule . 25. In the Second Schedule to the Constitution, ( a ) in the heading of Part D, the words and letter in States in Part A of the First Schedule shall be omitted ; ( b ) in sub-paragraph (1) of paragraph 9, for the words shall be reduced by the amount of that pension , the following shall be substituted , namely: shall be reduced ( a ) by the amount of that pension, and ( b ) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and ( c ) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity. ; ( c ) in paragraph 10 ( i ) for sub-paragraph (1), the following sub-paragraph shall be substituted , namely: (1) There shall be paid to the Judges of High Courts, in respect of time spent on actual service, salary at the following rates per mensem, that is to say, The Chief Justice .................... 4,000 rupees Any other Judge..... ............ 3,500 rupees: Provided that if a Judge of a High Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments, his salary in respect of service in the High Court shall be reduced ( a ) by the amount of that pension, and ( b ) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension, and ( c ) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity. ; and ( ii ) for sub-paragraphs (3) and (4), the following sub-paragraph shall be substituted , namely: (3) Any person who, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief Justice of the High Court of a State specified in Part B of the First Schedule and has on such commencement become the Chief Justice of the High Court of a State specified in the said Schedule as amended by the said Act, shall, if he was immediately before such commencement drawing any amount as allowance in addition to his salary, be entitled to receive in respect of time spent on actual service as such Chief Justice, the same amount as allowance in addition to the salary specified in sub-paragraph (1) of this paragraph. .