PAUL Vs. BORDER SECURITY FORCE

JUDGEMENT

(1.) THE question which arises for consideration in these Original Petitions is whether a member of the Border Security Force is entitled to receive pensionary benefits before completing 20 years of service. Incidently, the question whether a member of the Border Security Force who resigns from service and whose resignation is accepted, is entitled to pension even though he has not completed 20 years of service also falls for consideration.

(2.) THE resignation submitted by the petitioner in O. P. No. 31159 of 1999 after completing 10 years and 8 months of service was accepted by Ext. P1 order making it clear that the acceptance of the resignation was with full pensionary benefits in accordance with the order dated 27. 12. 1995 read with R. 49 of the CCS (Pension) Rules, 1972. THE resignation submitted by the petitioner in O. P. No. 30743 of 1999 was accepted by Ext. P1 order saying that the acceptance was as per the provisions in R. 19 (1) of the BSF Rules, 1969 read with order dated 27. 12. 1995 with retirement benefits as admissible under R. 49 (1) of the CCS (Pension) Rules, 1972. At the time of accepting the resignation, the petitioner had 10 years and 2 months service in the Border Security Force. Acceptance of the resignation submitted by the petitioner in O. P. No. 30745 of 1999 was by saying that he was allowed to draw pensionary benefits admissible under the rules as he has completed more than 10 years qualifying service and became eligible to draw pensionary benefits. Subsequently, the petitioners were informed that they are not entitled to get pension for the reason that they have not completed 20 years of service in the Border Security Force. THEse Original Petitions are filed for giving directions to the respondents to pay pensionary benefits to the petitioners.

(3.) R. 19 of the BSF Rules provides that the Central Government may, having regard to the special circumstances of any case, permit any officer of the Force to resign from the Force before the attainment of the age of retirement or before putting in such number of years of service as may be necessary under the rules to be eligible for retirement. The second proviso to R. 19 (1) of the BSF Rules says that while granting such permission for retirement, the Central Government may make such reduction in the pension or other retirement benefits of the officer if so eligible as that Government may consider to be just and proper in the circumstances of the case. S. 48 of the CCS (Pension) Rules deals with payment of pension. The provision in the above rule is that at any time after a Government servant completes 30 years of qualifying service, he may retire from service. R. 48a of the CCS (Pension) Rules deals with retirement on completion of 20 years of qualifying service. The provision in that rule is that at any time after a Government servant has completed 20 years of qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service. The argument advanced by the learned Standing Counsel appearing for the respondents is that in the light of the above provisions, it is necessary that for getting pension, one must have atleast 20 years of service even if the resignation of the employee is accepted by saying that he is entitled to retirement benefits.