UNION OF INDIA AND ORS. Vs. MADAN LAL

JUDGEMENT

(1.) The facts giving rise to this Letters Patent Appeal, directed against the judgment and order dated 17.11.2006 of a Learned Single Judge of this Court, on respondent's Writ Petition SWP No. 1976/2001, holding him entitled to Pension and arrears thereof and issuing directions to the Union of India and its functionaries in the Border Security Force, not to seek refund of the Pension already drawn by him, besides order dated 27.10.2011 of the learned Single Judge refusing Union of India's Motion for review thereof, may, in brief, be stated thus:-

(2.) The respondent-Madan Lal filed Writ Petition SWP No. 1976/2001 seeking, inter alia, quashing of Commandant 15th Bn Border Security Force's order dated 06.09.1986 whereby the respondent was discharged from service, besides a Com mand to the appellants to reinstate him in service, in this court. He alternatively sought directions against the Union of India and its functionaries for sanctioning his Pension and payment of arrears thereof. To claim the above relief, it was, inter alia, pleaded thathe joined the Border Security Force on 19.06.1971 and had served for more than 15 years when because of serious illness, he overstayed his sanctioned leave. He was not permitted thereafter to join and was rather pressurized and coerced by the Border Security Force functionaries to sign papers for his discharge-on Resignation. Although he was later informed that Pension of Rs. 375/- had been sanctioned; yet nothing was paid to him.

(3.) The respondent's claim in the Writ Petition, in a nut shell, was based on the plea that the Border Security Force functionaries, exercising coercion and pressure, had forced him to resign, and the order issued by them in this behalf was void ab initio and he was, therefore, entitled to reinstatement, or in the alternative, to Pension.