Judges Pensions (India and Burma) Act 1948

1 Pensions to barrister judges of British India High Courts not otherwise pensionable.

(1) The Secretary of State may grant a pension payable out of moneys provided by Parliament to any European who—

(a) was not a member of the Indian Civil Service and has not been and is not to be granted a pension payable by any Government in India or Pakistan ; and

(b) was, immediately before the fifteenth day of August, nineteen hundred and forty-seven, a judge of a High Court in British India and had not before that date gone on leave pending retirement; and

(c) retires, either before or after the passing of this Act.

(2) The annual amount of a pension granted under this section to a person shall not be less than five hundred pounds nor more than the annual amount of the greatest pension which might have been granted to him under the Government of India (High Court Judges) Order, 1937, if the [10 & 11 Geo. 5. c. 30.] Indian Independence Act, 1947, had not passed and he had continued to serve in the office which he held immediately before the said fifteenth day of August until he attained the age of sixty years.

(3) Subject to the provisions of subsection (2) of this section, the annual amount of a pension granted under this section to a person shall be ascertained as follows:—

(a) his service shall be computed and increased by two years;

(b) the annual amount of the maximum pension which, if the Indian Independence Act, 1947, had not passed, would have been appropriate in view of the nature of his service shall be ascertained in accordance with the Schedule to this Act; and

(c) the annual amount of the pension granted under this section shall be one one-hundred-and-forty-fourth of the amount ascertained under paragraph (b) of this subsection for each completed month of his service as computed and increased under paragraph (a) of this subsection.