You are viewing the translated version of निवृत्तभरण र उपदान.
(1) After being appointed to the position of Chief Justice or Judge and retiring from that position, he shall receive the following pension:-
(a) In the position of Chief Justice or Judge or both. A Chief Justice or a judge who has served for a period of five years or more and less than seven years shall receive fifty percent of his monthly salary and a Chief Justice or a judge who has served for a period of seven years or more shall receive a monthly pension of sixty six percent of his monthly salary.
(b) To a Chief Justice or Judge who has served for more than seven years in the post of Chief Justice or Judge or both, for every year of such excess service, the amount to be paid at the rate of two percent of the monthly salary that was forfeited at the time of retirement shall be paid in accordance with Clause (a) Pension will be given in addition to the amount of pension.
However, the amount of monthly pension received by the chief justice or judge will not be more than eighty percent of the monthly salary earned by him at the time of retirement.
(2) High Court or If a person who is or has been reinstated as the Chief Justice or Judge of the Court of Appeals or has been reinstated as the Chief Judge, Judge or Additional Judge of the then Regional Court or has been or has been reinstated in the service of the Government of Nepal, if he is appointed to the post of Judge of the Supreme Court and retires from service in accordance with sub-section (7) If he has completed the service period of twenty years or more, counting his previous service period and the service period of serving as Chief Justice or Judge of the Supreme Court or both, if he has completed the service period of twenty years or more, he shall receive the monthly pension as per clause (a) of sub-section (1) or can choose any one of the monthly pension calculated as follows:-
Accumulated service period x monthly salary 50
Explanation: This For the purposes of the sub-section, "a person who is or has been in the service of the Government of Nepal" means the Government of Nepal or a person owned by the Government of Nepal;Refers to a person who has been appointed and worked in a position according to the law who can get pension from it.
(3) A Chief Justice or a judge who retires without completing five years of service as a Chief Justice or a judge or in both positions, shall receive the total amount of work he has done. When he retires, he will get a lump sum gratuity equal to the figure obtained by multiplying the number of one and a half months' salary received at the time of retirement.
However, a person retiring from any other service and receiving pension from the government fund will receive gratuity for serving in the position of chief justice or judge. No.
(4) If a person receiving pension is appointed to the post of chief judge or judge and can also receive pension according to this Act, he can choose any one of the pension he is receiving before and the pension he will receive according to this Act.
p>(5) Notwithstanding anything written in the above sub-sections, a Chief Justice or a judge who has been relieved of office in accordance with clauses (c) and (e) of Article 131 of the Constitution shall not receive pension or gratuity in accordance with this Act.
(6) When the salary of the chief justice or judge is increased by the percentage of the increase in salary, the salary of the chief judge or judge who is receiving pension will also be increased at the rate of sixty-six percent. If it is less than half of the remuneration received by the judge, the pension will be increased by half. Or during the period of working as a judge or both as a temporary or additional judge of the Supreme Court or as the chief judge, judge or additional judge of the High Court or the then Appellate Court or regional court during the entire period and half of the total period of working in the service of the Government of Nepal. It will be done.
But if a person who has received gratuity is appointed to the post of Chief Justice or Judge, he shall not do soOnly if he returns the entire amount of gratuity received by him within one year of his appointment, his previous service period will be added as per this sub-section.