CHIEF GENERAL MANAGER Vs. K. J. GEORGE

JUDGEMENT

(1.) The respondents were working in the Telecom Department on the posts of Senior Section Supervisor and Section Supervisor and retired on 16.12.1995 and 3.12.1995 respectively. In view of the provision of FR 56 they were made to retire with effect from the afternoon of 31.12.1995. The report of the Fifth Central Pay Commission came into force with effect from 1.1.1996. Clause 3.1 of the Fifth Central Pay Commission Report states that the revised provisions shall apply to government servants who retire/die in harness on or after 1.1.1996.

(2.) The grievance of the respondents raised before the High Court was that they should be allowed to reckon their pensionary benefits on the basis of the Fifth Central Pay Commission Report with effect from 1.1.1996. The Division Bench of the High Court was of the view that since they were made to retire with effect from 31.12.1995, till the midnight of 31.12.1995 they were in service and, therefore entitled to retiral benefits from 1.1.1996. We are unable to countenance with the decision of the Tribunal and the High Court.

(3.) As already noticed, they were retired with effect from 16.12.1995 an 3.12.1995 respectively but because of the provision of FR 56 they were allowed to retire on the last date of the month, the grace period of which was granted to them for the purpose of pay and allowances only. Legally, they were retired on 16.12.1995 and 3.12.1995 respectively and, therefore, by no stretch of imagination can it be he that their pensionary benefits can be reckoned from 1.1.1996. The relationship of the employer and employee terminated in the afternoon of 16.12.1995 and 3.12.1995 respectively. In view thereof the orders of the Tribunal and the High Court are accordingly set aside and these two appeals are allowed with no order as to costs. Civil Appeal No. 789 of 2005