1[16A. Family pension and gratuity.u20152[(1) Where a Judge who, being in service on or after thecommencement of the High Court and Supreme Court Judges (Conditions of Service) AmendmentAct, 1986 (38 of 1986),u2015
(a) dies before retirement, 3[family pension calculated at the rate of fifty per cent. of hissalary]4 on the date of his death shall be payable to the person or persons entitled thereto andthe amount so payable shall be paid from the day following the date of death of the Judge for aperiod of seven years or for a period up to the date on which the Judge would have attained theage of sixty-five years, had he survived, whichever is earlier, 5[and thereafter at the rate of thirtyper cent. of his salary] 6; and
7[(b) dies after retirement on attaining the age of sixty-five years, 8[family pension shall bethirty 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 ofsixty-five years, family pension shall be calculated at the rates specified in clause (a) shall bepayable to the person or persons entitled thereto.]
9[Provided that in no case the amount of family pension calculated under this sub-section shallexceed the pension payable to the Judge under this Act.]
Explanation.u2015For the purposes of determining the person or persons entitled to family pensionunder this sub-section,u2015
(i) in relation to a Judge who elects or is eligible to receive pension under Part I of theSchedule, the rules, notifications and orders for the time being in force with regard to the personor persons entitled to family pension in relation to an officer of the Central Civil Services,Group u201eAu201f, 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 orpersons entitled to family pension shall apply and his service as a Judge being treated as servicetherein.]
(2) The rules, notifications and orders for the time being in force with respect to the grant ofdeath-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 orin relation to the grant of death-cum-retirement gratuity benefit to or in relation to a Judge who, beingin service on or after the 1st day of October, 1974, retires, or dies in circumstances to whichsection 16 does not apply, subject to the modifications thatu2015
(i) the minimum qualifying service for the purpose of entitlement to the gratuity shall be twoyears and six months;
(ii) the amount of gratuity shall be calculated on the basis of 11[ten days] salary for 12[eachcompleted six months period] of service as a Judge;13
14
Explanation.u201515[In sub-section (2)], the expression u201cJudgeu201d has the same meaning as insection 13.]