AVINDERJEET SINGH OBEROI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the order dated 24.9.1994, copy of which is Annexure P-15 to the writ petition, passed by respondent No. 2 and further for issuing a direction to the respondents to release full pension to him by giving the benefit of Army service rendered by him as per Government of India's Memo dated 31.5.1988, copy Annexure P-11 to the writ petition.

(2.) In brief, the case of the petitioner as put forth by his counsel is that the petitioner had joined the Indian Army in the year 1969 and was released therefrom with effect from 30.6.1975. Later on, petitioner joined the Border Security Force (hereinafter referred to as 'B.S.F.'). He was appointed as Assistant Commandant vide letter dated 14.4.1976. The petitioner served the B.S.F. upto 23.7.1990. He was pre-maturely retired under Rule 17 of the Border Security Force Rules, 1969 , copy of order is Annexure P-3 to the writ petition. The B.S.F. authorities issued a certificate to the petitioner to the effect that he had served the B.S.F. from 10.5.1976 to 28.7.1990. It is also the case of the petitioner that while discharging him from the Indian Army, the Army Authorities had paid him the gratuity etc. The petitioner has prayed that if the Army service rendered by him is counted towards the B.S.F. service, his pension will be increased. It is further the case of the petitioner that he had been submitting representations, latest being dated 31.7.1990, copy of which is Annexure P-7 to the writ petition, to the effect that the pension be calculated by adding the service rendered by him in the Army.

(3.) The claim of the petitioner was rejected by the B.S.F. authorities vide letter dated 15.6.1988 but the same was not communicated to the petitioner. The petitioner made another representation dated 28.11.1990, copy Annexure P-8 to the writ petition, but to no avail. Further, the case of the petitioner is that as he was not confirmed in the B.S.F., he was not given the benefit of Army service towards pension. However, it was communicated to the petitioner by the B.S.F. authorities that his case had been referred to the Ministry of Home Affairs and the decision would be communicated to him as and when the same is received. The authorities vide letter dated 6.5.1991, copy Annexure P-10 to the writ petition, informed the petitioner that his case had been duly considered by the Ministry of Home Affairs but his request was not acceded to as the same was not covered under Rule 19(1) of the C.C.S. (Pension) Rules, 1972. Thereafter, the petitioner made another representation and served legal notice through his counsel in the month of December, 1992 followed by reminder dated 6.9.1993. Having received no response from the respondents, the petitioner had filed Civil Writ Petition No. 5205 of 1994, which was disposed of on 26.4.1994 with the following observations :-