Second Schedule
- (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity.]
(2) Every person who immediately before the commencement of this Constitution—
- (a) was holding office as the Chief Justice of a High Court in any Province and has on such commencement become the Chief Justice of the High Court in the corresponding State under clause (1) of article 376, or
- (b) was holding office as any other Judge of a High Court in any Province and has on such commencement become a Judge (other than the Chief Justice) of the High Court in the corresponding State under the said clause.
[१]Shall, if he was immediately before such commencement drawing a salary at a rate h her than that specified in sul-paragraph (1) of this paragraph, be entitled to re ve in respect of time spent on actual service as such Chief Justice or other Judge, as the case may be, in addition to the salary specified in the said sub-paragraph as special pay an amount equivalent to the difference between the salary so specified and the salary which he was drawing immediately before such commencement.
[२](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.]
11. In this Part, unless the context otherwise requires,
- (a) the expression "Chief Justice" includes an acting Chief Justice, and a "Judge" includes an ad hoc Judge;
- (b) "actual service includes-
- (i) time spent by a Judoe on duty as a Judge or in the performance of such other functions as he may at the request of the President undertake to discharge;
- ↑ Paragraph 2 of the Constitution (Removal of Difficulties) Order No. IV provides that as from 26th January, 1950, the Scond Schedule to the Constitution of India shall have effect subject to the following administration, namely :—
◎◎◎◎◎◎
(2) In sub-paragraph (2) of paragraph to for all words after cl. (b), the following shall be substituted:—
"shall, in respect of time spent on actual service as such Chief Justice or other Judge, as le case may be, be en edo eceive in addition to the salary specified in sularag anh (1) of this para and as special pay the amount, if any, by which that sae fa ts shor of the salary pavable to the Chief Justice, or, as the case may be, any other judge, of the High Court the Province immediately before such com-mencement". - ↑ Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 25, for the original sub-paragraph (3) and (4).
