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28. Pension and gratuity

28. Pension and gratuity:

(1) If a Judge of Court of Appeal has completed a service period of Twelve years in that office or a Judge of District Court has completed a service period of Twenty years in that office, he or she shall be entitled to a monthly pension of Fifty percent amount of his or her monthly remuneration. Provided that, if a person who is appointed from the service of Government of Nepal to the office of Judge and retires from the service and he or she has completed the service period of Twenty years or more upon computing the period of his or her such previous service and the period of service in the office of Judge, he or she shall, upon his or her retirement, be
entitled to choose any one out of the monthly pension as mentioned above or the monthly pension to be set as follows:

                             Total year of service X monthly remuneration
50

(2) A Judge who retires before completing the service period entitling to pension pursuant to Sub-section (1) shall be entitled to a lump sum gratuity in an amount equal to the figure to be set by multiplying the total years of his or her service with the figure of One’s remuneration being drawn by him or her.

(3) A Judge who has served in the office of Judge of Court of Appeal serves for more than Twelve years shall be entitled to an additional pension to be set by 0.5 percent of the monthly remuneration drawn by him or her for each of such service, in addition to the monthly pension receivable pursuant to Sub-section (1).

(4) The period of service performed in the office of judge of a regional court prior to the constitution of Court of Appeal shall also be considered as the period of service performed in the office of a Judge of Court of Appeal for the purposes of pension or gratuity as referred to in Sub-sections (1) and (2).

(5) When the remuneration of the Judge is increased, the figure of pension being drawn by the Judge who is receiving pension shall also be increased by Sixty-six percent of the percent of increase in the figure of remuneration.

(6) If a person who is receiving pension for having served in the office of judge of a regional court or in the service of the Government of Nepal is appointed to the office of Judge and is also eligible to pension pursuant to this Act, he or she may choose any one out of the pension being received by him or her previously and the pension receivable pursuant to this Act.

(7) Notwithstanding anything contained in the foregoing Subsections, a Judge who is removed from office for the reason of misconduct failure to perform duties of his or her office honestly shall not be eligible to receive pension or gratuity pursuant to this Act.

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