DAYAWATI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS a petition by the petitioner seeking quashing of order dated 12th June, 2008 declining family pension to the petitioner and for a direction to the respondents to restore the ordinary family pension w.e.f. July, 2008 and also to pay arrears along with interest thereon.

(2.) BY order dated 12th June, 2008, the respondents had held that in view of the decision passed by this Court in WP(C) 5815/2001, titled as ,,Dayawati v. Union of India & Ors. which decision has been upheld by the Supreme Court by decision dated 30th January, 2001 in Rakesh Kumar (supra) holding that under Rule 49 of CCS (Pension) Rules, 1972, a member of BSF who resigns from his post after completing more than 10 years of service but less than 20 years, would not be eligible to get pensionary benefits, and consequently, the writ petition filed by the petitioner had been dismissed by Learned Single Judge of this Court.

(3.) THE petitioner has sought pension on the ground that at the time of restoration of ordinary family pension all the points were considered and adjudicated, and consequently, the decision of the respondents cannot be re -opened and the petitioner is not entitled for ordinary family pension.