ORDER :

Civil Appeals Nos. 2907 and 2908 of 2005

H.K. Sema, J. - 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