EX. NAIK DHARAMVIR YADA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this writ petition for quashing the letter dated October 10, 2011 whereby, the respondent No. 2 had rejected the request of the petitioner for grant of pensionary benefits on the ground that he had not completed 20 years of qualifying service on the date of resignation and also inter alia, seeking pensionary benefits including payment of arrears.

(2.) TO understand the issue which falls for our consideration in this writ petition, some of the relevant facts are that the petitioner was appointed in Border Security Force (BSF, in short) on April 18, 1977 in the rank of Constable. He was promoted to the rank of 'Lance Naik' with effect from August 25, 1988 and Naik with effect from September 12, 1990. With effect from April 01, 1993, after the petitioner had completed a total number of 15 years, 06 months and 06 days of qualifying service, he had tendered his resignation under Rule 19 of the BSF Rules, 1969 (Rules of 1969, in short) from the service, which was accepted by the competent authority.

(3.) ON December 27, 1995, the BSF had issued a G.O., whereby the decision was conveyed for grant of pensionary benefits on resignation under Rule 19 of the Rules of 1969. On the strength of this G.O. dated December 27, 1995, blank pensionary form was forwarded to the petitioner for completing formalities for grant of pension, but, since the issue of grant of pension to personnel, who had resigned from service under Rule 19 of the Rules of 1969 after completion of more than 20 years of qualifying service was pending consideration before the Supreme Court, the pension was not sanctioned in favour of the petitioner.