UNION OF INDIA Vs. COL BHUPINDER SINGH

JUDGEMENT

(1.) Appellants have challenged the order dated 28-7- 2005 made in W.P. 17737/2000 on the file of the learned single Judge holding that the respondent who was born on 1-1-1944, attained 52 years of superannuation on 1-1-1996 and, directed the appellants to extend the monetary benefits in accordance with law.

(2.) Brief facts of the case leading to the filing of the appeal may be stated as under : The respondent party in person filed a writ petition contending that he was working as Colonel and attained the age of superannuation at 52 years on 1-1-1996, not on 31-12-1995 and therefore, he was entitled for the benefits of the 5th Pay Commission which came into forced on 1-1-1996. The contention of the respondent is that as per Service Rules the petitioner who was born on 1-1-1944 retired on 31-12-1995. Learned single Judge accepted the contention of the petitioner and allowed the petition. This is impugned in this appeal.

(3.) Learned counsel for the appellants submit that as per Rule 56 of Fundamental Rules, a Government servant whose date of birth is the first of a month, shall retire from service on the afternoon of the last date of the preceding month on attaining the age of 52 years and the respondent who was born on 1-1-1944 retired on 31-12-1995 and therefore, he was not entitled for the benefits of the 5th Pay Commission which came into force on 1-1-1996. He has cited the following decisions :