LAWS(DLH)-2009-11-44

RAJESH KUMAR Vs. DIRECTOR GENERAL BSF

Decided On November 16, 2009
RAJESH KUMAR Appellant
V/S
DIRECTOR GENERAL BSF Respondents

JUDGEMENT

(1.) PETITIONER Rajesh Kumar is aggrieved by the fact that a penalty of removal from service with pensionary benefits has been inflicted upon him. He desires that the respondents be directed to treat him as having voluntarily retired and pension be paid to him accordingly.

(2.) AS we understand, the difference in the two situations i. e. the petitioner being treated as removed from service with benefit of pension vis-a-vis he being treated as voluntarily retired with benefit of pension would entail a difference in the pension payable.

(3.) IF treated as removed from service, the pension payable is 2/3rd vis-a-vis the pension which he would receive if he is treated as having voluntarily retired.