INDRA KUMAR MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE factual backdrop resulting in the above captioned writ petition being filed is that the respondents issued a circular dated 27.12.1995 notifying to the members of the Central Para-Military Forces that those who had rendered 10 years' service would be entitled to pension if they either resign or sought voluntary retirement. Large number of BSF jawans, who had rendered 10 years' service sought voluntary retirement or offered to resign, which was accepted.

(2.) AS regards the petitioner, he joined service as an ASsistant Commandant on 17.9.1984 and earned a promotion as a Deputy Commandant on 21.7.1989. By 17.9.1994 he had completed 10 years' service and thus when the circular dated 27.12.1995 was issued, having rendered service in excess of 11 years, he sought retirement which was accepted.

(3.) ANOTHER round of litigation commenced when the persons affected pleaded that since they acted contrary to their interest based on a representation which was held not binding the Government, they would be entitled to withdraw their resignation letters or letters seeking voluntary retirement. The second round of litigation terminated when the Supreme Court rendered its decision reported as JT 2006 (1) SC 49 Raj Kumar & Ors. vs. UOI & Anr.