S. BANERJEE vs SH. R.R.KUMAR

The Supreme Court ruled that a government employee who voluntarily retired on January 1, 1986, is entitled to the benefits of paragraph 17.3 of the Fourth Central Pay Commission Report, which includes considering the entire dearness allowance drawn until December 31, 1985 as pay for pensionary benefits. The Court clarified that the proviso to Rule 5(2) of the Central Civil Services (Pension) Rules, 1972, stating that the retirement day is a non-working day, does not affect the actual date of retirement. Consequently, the petitioner is to receive his pension calculated according to the Pay Commission's recommendations within three months.