Supreme Court · 1989 INSC 316 · Decided 24 October 1989

S. Banerjee v. Union of India and ORS.

Court
Supreme Court of India
Citation
1989 INSC 316 · [1989] SUPP. 1 S.C.R. 562
Case number
WRIT PETITION (CIVIL) No. 1155/1987
Decided
24 October 1989
Bench
M.M. DUTT, S. RANGANATHAN, S. RATNAVEL PANDIAN (3-judge bench)
Outcome
Case Allowed
Case type
Writ / Constitutional
Acts & sections cited
Constitution Article 32; Service Rules Section 5(2), 48A

Headnote

Central Civil Services (Pension) Rules, 1972: Rule 5(2) and 48A-Supreme Court employee-Permitted voluntary retirement with effect from January 1, 1986-Whether entitled to claim benefit of para 17.J of Report of Fourth Central Pay Commission. Paragraph 17.3 of Chapter 17, Part II of the Report of employees retiring during the period January 1, 1986 to September 30, 1986 to considera­ tion of the entire dearness allowance drawn by them upto December 31, 1985 as pay· for pensionary benefits. Rule 5(2) of the Central Civil Services (Pension) Rules, 1972 permits the day on which

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