MANOHAR LAL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court praying for quashing of the discharge of the petitioner from service as Sweeper w.e.f. 31.3.1994 vide order dated 24.3.1994 (Annexure P-5) and has also prayed for issuance of a writ of Mandamus directing the respondents to release pension and other service benefits as a consequence upon his discharge from service.

(2.) Petitioner was appointed as a Sweeper in the Border Security Force (BSF) and joined as such on 15.9.1979. He performed his duties to the satisfaction of his superiors till March, 1994 when the Commanding Officer of the Battalion opined that age of the petitioner at the time of his appointment was less than 16 years and, thus, his appointment was illegal. According to the petitioner, he was forced to sign some papers allegedly seeking discharge from service.

(3.) On the basis of an application, which contained the signatures of the petitioner wherein it was mentioned that the petitioner was not desirous of continuing in service and was, thus, resigning from service, the same was accepted by the Authorities on 16.3.1994 and accordingly the petitioner was ordered to be discharged from service w.e.f. 31.3.1994 vide the impugned order dated 24.3.1994 (Annexure P-5). Petitioner was not allowed to resume duties despite his best efforts. A letter dated 6.1.1997 was received by the petitioner issued by the Commandant 44th Battalion, BS Khemkaran, Amritsar Sector-respondent No.6, according to which, the petitioner had rendered 13 years, 9 months and 23 days of service and a Government servant, who has rendered 10 years and 40 days' service, was entitled to 'necessary pension'.