D MUARALEEDHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This original petition has been referred to us by a learned single Judge for opinion on the ground that the matter requires attention of the Division Bench.

(2.) The short facts necessary for disposal of this original petition are

(3.) The petitioner was enrolled in the Border of Security Force (BSF) as a Constable on 1.5.1971. He tendered his resignation, which was accepted with effect form 5.4.1982. At the time of resignation he had completed 10 years, 11 months and one day s service. When pension papers were submitted to the Pay Accounts Division of the B.S.F. it was returned with the remark that the resignation of the petitioner was not accepted on compassionate grounds under Rule 19(1) with a copy to the individual and therefore the petitioner was not entitled to pensionary benefits. The petitioner moved writ petition O.P.No.2101 of 1993 before this court for a direction to the respondents to release the pensionary benefits. This petition was allowed and a direction was made in favour of the petitioner. Consequently, the petitioner has been granted a pension of Rs.65/- per month with effect from 6.4.1982, which was subsequently revised to Rs.375/- per month from 1.1.1996 and ever since then the petitioner has been drawing pension and continued to draw pension from the Union of India till by an order dated 22.8.2001 (Ext.P3) addressed to the State Bank of Travancore, with a copy to the petitioner, the petitioner was informed that the payment of pension had been stopped forthwith, as he had resigned from service under Rule 19 of the B.S.F. Rules before completing 20 years of service and was not entitled for pensionary benefits as decided by the Supreme Court of India in its judgment dated 30.3.2001 in respect of SLP Nos.6166 of 1999, 2121 of 2000 and 2491-92 of 2001. Being aggrieved by the said order, the petitioner has moved this original petition for quashing the said order and for continuance of his pensionary benefits.