UNION OF INDIA Vs. BHADRESQAR HIRA

JUDGEMENT

(1.) The question involved in this appeal is whether a member of Border Security Force (in short, BSF), who has resigned from his post after serving for 10 or mare years but less than 20 years, is entitled to pension/pensionary benefits under the relevant provisions of Border Security Force Act, 1968 (hereinafter called the Act) and the Border Security Force Rules, 1969 (hereinafter called the BSF Rules) or the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the CCS (Pension) Rules)?

(2.) The aforesaid question has arisen under the following facts and circumstances:- Respondent-writ petitioner L/Nk. Bhadreswar Hira was enrolled in the BSF as a Constable on 20.2.1982. After completion of 15 years 9 months and 10 days of service, he submitted his resignation before the competent authority for acceptance on the ground of domestic problems. He was interviewed by the Commandant 193 Bn BSF. This resignation of the writ petitioner (now respondent) was accepted by the competent authority by an order dated 16.9.97 and he was struck off from ths strength of the BSF w.e.f. 30.11.1997. By the said order resignation of the writ petitioner and of one V. Arjunan, another member of the BSF was accepted. The order of acceptance of resignation reads as under:- "Order: Resignation submitted by the following personnel of this Unit due to their domestic problems are hereby accepted with effect from date as mentioned against each under R-19 of BSF Rule, 1969 with pensionary benefits:- 1. No. 82711045 L/NK ... 30.11.97 (AN) 2. No. 87009528 CT... 31.10.97(AN) V. Arjunan 02. They will SOS from this Unit on the date of their resignation from service. No. Estt/178/193/97/16256 dated the 16th Sept. '97 SoV-XXX 16.9.97 (Paranjit Singh) Commandant 193Bn BSF Distribution: 1. No. 827111045 L/NK B. Hira. 2. No. 87009528 CT V. Arjunan - You are hereby directed to report main office of the unit alongwith three copies of passport size photograph (husband & wife) Bank A/C number from where you intent to draw pension alongwith bank code number (national bank alongwith full address of bank) for preparation of pension paper. Two copies of passport size photograph (civil dress) may also be submitted to this office for preparation of discharge book." However, despite his resignation having been made simpler for us, inasmuch as, the appeal against the Himachal Pradesh High Court as also an appeal against the similar judgment of the Kerala High Court have been accepted by the Apex Court in Union of India and others-Vs-Rakesh Kumar reported in AIR 2001 SC 1877.

(3.) Section 8 of the BSF Act and Rule 19 of the BSF Rules, 1969 may be noticed here: "Section 8 - Resignation and withdrawal from the post. - No member of the Force shall be at liberty - (a) to resign his appointment during the term of his engagement; or (b) to withdraw himself from all or any of the due ties of his appointment, except with the previous permission in writing of the prescribed authority." "Rule 19. - Resignation - (1) 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: Provided that while granting such permission the Central Government may :-