D P SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of this writ petition, the petitioner seeks a direction to the respondents to pay him full pension with effect from the date he retired from service as Deputy Commandant in the Border Security Force.

(2.) The petitioner retired at the age of 55 years after rendering a service of more than 30 years but before completion of 33 years. He was granted pension on pro rata basis. The petitioner sent a legal notice to the respondents seeking grant of full pension and other retiral benefits on the plea that since the age of superannuation upto the rank of Commandant in para-military forces was 55 years, i.e., three years less than officers of the higher rank in the same force and other Central Government employees, who normally retire at the age of 58 years, the requirement of qualifying period of service for being entitled to full pension in his case should be taken as 30 years and not 33 years as in the case of other Central Government employees, etc. In nutshell, the plea was that the petitioner having superannuated at the age of 55 years, he should be given the benefit of full pension on completion of 30 years of service.

(3.) Having failed to get any response from the respondents on the said representation, the petitioner has preferred the present writ petition.