Dutt, J. - (1.) The petitioner was the Additional Registrar of this Court. His normal:date of retirement was March 31, 1987. He, however, sought for voluntary retirement from the service of this Court and on his application in that regard, the following order dated December 6, 1985 was communicated to him by the Registrar of this Court:"Office Order The Hon'ble the Chief Justice of India has accepted the notice of Shri S. Banerjee, Offg. Additional Registrar (permanent Deputy Registrar), seeking voluntary retirement from service under the provisions of Rule 43A of the Central Civil Services (Pension) Rules, 1972, and has permitted him to retire voluntarily from the service of the Registry of the Supreme Court of India with effect from the forenoon of January 1, 1986."
(2.) It is clear from the order extracted above that the petitioner was permitted to retire voluntarily from the service of the Registry of the Supreme Court with effect from the forenoon of January 1, 1986.
(3.) After the retirement of the petitioner, the Fourth Central Pay Commission (for short 'Pay Commission) gave its report recommending the revision of salaries and pension of the Government employees. It is not disputed that the above recommendations of the Pay Commission have been accepted by the Government and that the benefit thereof is also available to the employees of this Court. Paragraph 17.3 of Chapter 17 of Part II at page 93 of the Report of the Pay Commission provides as follows: 17.3 In the case of employees retiring during the period January 1, 1986 to September 30, 1986, government may consider treating the entire dearness allowance drawn by them up to December 31, 1985 as pay for pensionary benefits.";