Case Note & Summary
The dispute arose from a petition filed by an employee of the Supreme Court seeking pension benefits following voluntary retirement. The petitioner, S. Banerjee, was permitted to retire from the service of the Supreme Court Registry effective January 1, 1986, under Rule 48-A of the Central Civil Services (Pension) Rules, 1972. His claim for pension benefits based on paragraph 17.3 of the Fourth Central Pay Commission's report was denied by the respondents, who argued that since the petitioner was not entitled to salary for the day of retirement, he could not claim the benefits. The court examined the relevant provisions of the Pension Rules and the Pay Commission's recommendations, ultimately determining that the petitioner had indeed retired on January 1, 1986, and was therefore entitled to the benefits outlined in paragraph 17.3. The court directed the respondents to calculate and pay the petitioner his pension in accordance with the Pay Commission's recommendations within three months, without any order as to costs.
Headnote
A) Pension Law - Entitlement to Pension Benefits - Claim for pension benefits under Pay Commission recommendations - Central Civil Services (Pension) Rules, 1972, Rule 5(2) - The petitioner, having retired voluntarily on January 1, 1986, was entitled to benefits under paragraph 17.3 of the Pay Commission's report, despite not being entitled to salary for that day. The court held that the retirement date was January 1, 1986, and thus the petitioner qualified for the benefits as per the recommendations (Paras 563-566).
Issue of Consideration
Whether the petitioner was entitled to claim benefits under paragraph 17.3 of the Fourth Central Pay Commission's report despite the provisions of Rule 5(2) of the Central Civil Services (Pension) Rules, 1972.
Final Decision
The court allowed the writ petition, directing the respondents to calculate and pay the petitioner's pension in accordance with the Pay Commission's recommendations within three months, with no order as to costs.
Law Points
- Pension entitlement
- voluntary retirement
- dearness allowance
- retirement date determination
- Central Civil Services (Pension) Rules
- 1972
