BHOPAL KANJILAL Vs. U O I

JUDGEMENT

(1.) C.M.Nos.28975/2015 (for condonation of delay) For the reasons mentioned in the application, the delay in filing the application for restoration of the writ petition is condoned. Application stands disposed of.

(2.) The petitioner had joined the Border Security Force (BSF) on 23.08.1986. He was transferred to 74th Battalion at Dera Baba Nanak, Punjab on 23.01.1996. He appears to have suffered some personal problems on account of which he tendered his resignation from the BSF on 08.11.1996. At that point of time in the BSF, the prevailing understanding was that those who completed 10 years of service, were eligible for pension; this was based upon a circular dated 27.12.1995. The petitioner's initial application for resignation was rejected since it was not in accordance with their rules on 13.11.1996.

(3.) There appears to have been some rethinking by BSF authorities on account of litigations in various High Courts and also internal enquiry as a consequence of which it was decided on 15.01.1998 to recall all those personnel whose resignations were accepted under the mistaken belief that they were entitled to pension after completion of 10 years service. A general circular/letter was issued on 15.01.1998.