LAL CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Admitted facts in this case are that the petitioner was recruited as constable in 45 Bn. of Border Security Force on 1.10.1996 and was posted at different places in the said force. He tendered his resignation and had more than 10 years service at the time of its acceptance by the authorities of the Border Security Force (hereinafter referred to as BSF).

(2.) Parties are further not at variance that resignation was accepted in the year 1979 by the authorities when he was "discharged'. The case of the petitioner is governed by the Border Security Force Act, 1968 (hereinafter referred to as the Act), and Rules framed thereunder. In addition to this Act, Central Civil Services (Pension) Rules, 1972 (hereinafter referred to Pension Rules), are applicable to the Border Security Force. In exercise of powers vested in the Central Government under Section 141 of the Act. The Border Security Force Rules, 1969 (hereinafter referred to Rules of 1969), have been framed, which came into force w.e.f. 13th June, 1969.

(3.) Resignation of the petitioner was accepted by the authorities of the Border Security Force under Rule 19 of the Rules of 1969.