S. BANERJEE versus UNION OF INDIA AND ORS.

S. BANERJEE versus UNION OF INDIA AND ORS.

The petitioner retired with effect from January 1, 1986 pursuant to an order dated December 6, 1985, and therefore is entitled to the benefit under paragraph 17.3 of the Fourth Central Pay Commission Report, regardless of the technical treatment of the last working day under Rule 5(2).

Parties
Petitioner: S. Banerjee; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
24 October 1989
Procedural Posture
Writ Petition (civil) No. 1155 of 1987 / Original Jurisdiction; Final Judgment
Outcome
Petition allowed
Legal Topics
Retirement Benefits, Central Civil Services (pension) Rules, 1972, Fourth Central Pay Commission, Voluntary Retirement
Service Law Constitutional Law Retirement Benefits Central Civil Services (pension) Rules, 1972 Fourth Central Pay Commission Voluntary Retirement

Case Brief

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Parties

S. Banerjee

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 1155 of 1987 / Original Jurisdiction; Final Judgment

Legal Issues

  1. 1 Whether a Supreme Court employee permitted voluntary retirement with effect from January 1, 1986 is entitled to claim the benefit of para 17.3 of the Fourth Central Pay Commission Report

Ratio Decidendi

The petitioner retired with effect from January 1, 1986 pursuant to an order dated December 6, 1985, and therefore is entitled to the benefit under paragraph 17.3 of the Fourth Central Pay Commission Report, regardless of the technical treatment of the last working day under Rule 5(2).

Court Disposition

Petition allowed

Orders

  • Respondents are directed to calculate and pay petitioner’s pension in accordance with paragraph 17.3 of the Fourth Central Pay Commission Report within three months.