UNION OF INDIA Vs. K J GEORGE

JUDGEMENT

(1.) Were the respondents who were in service till December 31, 1995, entitled to the payment of retiral benefits at the rates as prevalent on that day or at the rates as revised with effect from January 1, 1996 The Tribunal has upheld the claim of respondent Nos. 1 and 2. It has taken the view that the two officials had become pensioners on January 1, 1996 and were, thus, entitled to the benefit of revision. The Union of India etc. challenge the order. Has the Tribunal erred First, the facts may be noticed.

(2.) The two respondents were working in the Telecom Department on the posts of Senior Section Supervisor and Section Supervisor respectively. They had continued in service till December 31, 1995. They were paid pension with effect from January 1, 1996.

(3.) The Fifth Pay Commission recommended the revision of pension and other retiral benefits. In pursuance to these recommendations, the Government of India issued two separate orders on October 27, 1997. The orders regulated the grant of pension etc. to the Central Government employees who were governed by the provisions of the Central Civil Services (Pension) Rules, 1972. The method of fixation of emoluments, pension, gratuity etc. was laid down.