The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958

Section 5. Aggregate amount of leave which may be granted

In force · As amended up to 2026-08

(2) The aggregate amount of leave on full allowances which may be granted to a Judge during the whole period of his service as such shall not exceed one-twenty-fourth of the period spent by him on actual service together with one-half of the aggregate periods, if any, [2] [credited to his leave account― (a) under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed, and (b) under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court.] (3) [3] [Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave which may be granted] at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months. [Footnotes] 1. Ins. by Act 77 of 1971, s. 4 (w.e.f. 17-10-1958). 2. Subs. by s. 4, ibid., for "credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed" (w.e.f. 17-10-1958). 3. Subs. by s. 4, ibid., for "The maximum period of leave which may be granted" (w.e.f. 17-10-1958). (1) The aggregate amount of leave which may be granted to a Judge during the whole period of his service as such shall not exceed in terms of leave on half allowances three years [1] [including the period credited to his leave account under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court] together with the aggregate of the periods, if any, credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed. 5. Aggregate amount of leave which may be granted.

Source: India Code

How this section changed

  1. inserted by Act 77 of 1971, s. 4

    In force from 17 Oct 1958

    Footnote: 1. Ins. by Act 77 of 1971, s. 4 (w.e.f. 17-10-1958).

  2. substituted by Act 77 of 1971, s. 4

    In force from 17 Oct 1958

    Earlier wording: “The maximum period of leave which may be granted”

    Footnote: 3. Subs. by s. 4, ibid., for "The maximum period of leave which may be granted" (w.e.f. 17-10-1958).

  3. substituted by Act 77 of 1971, s. 4

    Date not stated in the footnote

    Footnote: 2. Subs. by s. 4, ibid., for "credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for