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Report No. 58

Medical benefits after retirement to High Court Judges

10.35. Seventhly, we recommend that free medical attendance and other medical benefits, available to the High Court Judges in service, should be available to them even after retirement. Conditions of service of High Court Judges in other respects to be equalled to those of Secretary to Government of India

10.36. Our eighth and last recommendation regarding High Court Judges is as follows:-

With regard to the conditions of service of a Judge of a High Court, for which no express provision has been made in the High Court Judges (Conditions of Services) Act, 1954, it has been provided1 that "such conditions shall be, and shall, from the commencement of the Constitution, be deemed to have been, determined by the rules for the time being applicable to a member of the Indian Administrative Service holding the rank of Secretary to the Government of the State in which the principal seat of the High Court is situated." In our view, it would be more appropriate to equate the High Court Judges with the Secretary to the Government of India, rather than with the Secretary to the Government of the State in this matter. Unfortunately, in regard to the Judges of the Delhi High Court, they seem to be equated by the relevant rules with the person holding the rank of Joint Secretary in the Government of India. That, we think, should be suitably changed.

1. High Court Judges Rules, (1956), rule 2 and proviso thereto.

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