P K SURENDRAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. V.V. Suresh, Additional Central Government Standing Counsel for the appellants/respondents in the Original Petition and Mr. N. Nandakumara Menon for the respondent/petitioner. By consent of both parties, both the Writ Appeal and the Original Petition are taken up for final disposal.

(2.) The Writ Appeal is directed against the interim order passed by the learned single Judge pending Original Petition granting an interim direction as prayed for by the petitioner. The learned Judge directed the appellants-respondents to disburse to the respondent-petitioner pensionary benefits sanctioned as per Ext. P1 order pending disposal of the Original Petition.

(3.) The Original Petition was filed by the respondent-petitioner to direct the appellants-respondents to disburse to him the pensionary benefits sanctioned as per Ext. P1 order together with interest. It is the case of the respondent-petitioner that he was enrolled in the Border Security Force (for short 'the BSF') as an office orderly in May, 1970 at the Office of the Deputy Inspector General of BSF, Baramulla. In 1971 he was remustered and transferred to 43 B BSF Singapura as a Constable. Later, he was discharged from service on his request while working as Cipher/Head Constable at the Office of the Deputy Inspector General, BSF, Ahmedabad. At the time of discharge, he had put in 10 years 8 months and 3 days of qualifying service with the BSF. He was discharged from the BSF with effect from 24.1.1981. His resignation was accepted by the Headquarters with effect from 24.1.1981 vide their order No. D.V.I./SIG/81/1106-13 dated 24.1.1981. However, the pensionary benefits were not given to the respondent-petitioner at the time of his resignation from the BSF. Since he was eligible to draw the full pensionary benefits on account of the satisfactory service put by him in the BSF, he made a representation before the second respondent i n the OP for grant of full pensionary benefits as admissible under the Border Security Force Rules, 1969 (for short 'the Rules'). The second respondent reviewed the order dated 24.1.1981 and allowed the petitioner to draw full pensionary benefits as admissible under the Rules with effect from 24.1.1981, namely, the date of discharge. Ext. P1 is the order passed by the second respondent.