UNION OF INDIA Vs. P.P.JOSE

JUDGEMENT

(1.) The present intra-Court Appeal under Sec. 5 of the Kerala High Court Act 1958 assails the judgment dtd. 11/8/2023 passed in W.P.(C) No.28475/2014 whereby the writ petition filed by the respondent herein was allowed directing the appellants herein to assess the pension of the respondent in terms of the provisions of Rule 49(2) of the Central Civil Services (Pension) Rules 1972 (for short, 'CCS Rules').

(2.) The brief facts of the case are that the respondent had joined the Border Security Force on 19/11/1970 and was discharged on 19/5/1981 after having rendered ten years two months and twenty- three days of qualifying service, excluding 95 days of extraordinary leave as per the Discharge Certificate [Ext.P1]. From 15/12/1980 to 12/2/1981, the respondent could not rejoin duty due to domestic problems and had applied for discharge. But, this period was taken as absence, and the discharge was on account of dismissal from the service. The dismissal order [Ext.R1(c)] dtd. 19/5/1981 did not disclose whether he was denied the pension or otherwise. Being aggrieved, the respondent filed W.P.(C) No.28475/2014 with the prayer to quash Exts.P5, P6, P7 and P9 and direct the appellants to pay all eligible retirement benefits, etc.

(3.) The learned Single Judge, referring to the provisions of Rule 182 of the Border Security Force Rules 1969 (for short, 'BSF Rules') and Rules 24 and 49 of the CCS Rules concluded that in the absence of any such condition in the dismissal order [Ext.R1(c)] dtd. 19/5/1981 with regard to payment of pension or otherwise, the provisions of Rule 182 of the BSF Rules would continue to apply.