SIRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a hard case. A person having resigned from the service of Border Security Force(in short "BSF") is now making an application for pensionary benefits by invoking Rule 49(2) (b) of Central Civil Services Pension Rules which have been adopted by the BSF. That Rule 49(2)(b) is quoted below:

(2.) The petitioner joined the BSF on 11th March, 1983 as a constable and he served the BSF for about 13 years 6 months and thereafter because of his family problem he wanted to go on voluntary retirement vide Annexure-A/1 to the writ application.That Annexure-A/1 is quoted below : <FRM>JUDGEMENT_519_GAULT2_1999Html1.htm</FRM>

(3.) A bare perusal of the application at Annexure-A/1 quoted above will show that application was filed under Rule 19 of BSF Rules, 1969. The relevant portion necessary for this case of Rule 19 is quoted below :