BANWARI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) WHEN this petition came up for hearing on 4. 1. 2008, orders were reserved and permission was given to learned counsel for the petitioner to file written submissions, if any, within one week. However, we waited for over two weeks, but the same were not filed. Since we heard the matter on merits, we are now proceeding to decide the issue involved vide this judgment.

(2.) THE petitioner had filed the aforesaid writ petition claiming pensionary benefits from the date of his discharge from service. After hearing the counsel for the parties, this petition was dismissed vide orders dated 7. 9. 2001. Almost one and a half years thereafter, i. e. in February 2003, the present application was filed seeking modification of the said orders dated 7. 9. 2001. Before we advert to the contents of the application and the nature of modification which the petitioner is seeking, it would be appropriate to restate the nature of order passed on 7. 9. 2001.

(3.) THE petitioner had joined the Border Security Force (BSF) on 21. 9. 1965. However, after some years of service he submitted his resignation and his request for voluntary retirement was accepted. He, thus, ceased to be in the service of BSF with effect from 26. 6. 1976. In this way, the petitioner rendered 10 years and 9 months of service.