UNION OF INDIA Vs. SUBIR SARKAR

JUDGEMENT

(1.) HEARD Mr. P. K. Biswas, learned Assistant SG for the appellants. Also heard Mr. Somik Deb, learned counsel for the respondent-writ petitioner.

(2.) THE present writ petition has been filed by the appellants challenging the judgment and order dated 14. 2. 03 passed in Civil Rule No. 191 of 1998 whereby the learned Single Judge directed the Commandant, 106 Bn. BSF to reinstate the writ petitioner to join duty subject to the fulfillment of the conditions indicated in the impugned order dated 14. 2. 03.

(3.) IT appears that the writ petitioner was serving as L. Naik under 106 Bn. of Border Security Force (BSF) and after completing of 10 years of service he intended to take voluntary retirement as the BSF authorities have issued a memorandum dated 27. 12. 95 stating that the Government of India has changed the policy about the admissibility of pensionary benefits on acceptance of resignation in reference to the Rule 19 (1) of 'bsf Rules', 1969 (for short called the 'bsf Rules' ). The writ petitioner had tendered resignation and the BSF authorities accepted with effect from 31. 3. 97. The writ petitioner expected to receive pensionary benefits after voluntary retirement in terms of Rule 19 (1) of the 'bsf Rules'.