RAJINDER SINGH Vs. R N RAM MOHAN

JUDGEMENT

(1.) Petitioner resigned from BSF and then claimed pension under Rule 19 of BSF Rules. His claim was rejected and he filed C.W.P. No. 5337/97 which was allowed on the basis of a DB judgment of this Court in Kuldeep Singh v. UOI holding that pension was payable even to those BSF personnel who had resigned. Respondent has filed L.P.A. 62/99 against this in which its operation was stayed.

(2.) Petitioner has now filed this contempt petition on the strength of DB judgment in Kuldeep Singh's case. His case is that respondent had issued a Circular dated 27.12.1995 implementing the judgment and giving benefit to all but he had later issued another Circular dated 15.1.1998 withdrawing the benefit and saying that "Rule 19 had been grossly interpreted" which reflected on the DB judgment.

(3.) Respondent has filed a detailed reply explaining that second circular was issued only to initiate process of reconsideration of the official line of view and that no final decision or action was taken in contravention of the Court judgment. The argument about misinterpretation of Rule 19 was in reference to earlier official view and not directed against the Court judgment.