GOVIND SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER , a constable, was enrolled in BSF with effect from 15.5.1988. Firstly, he was posted to 124 Bn. BSF and, thereafter, to 17 Bn. BSF. He remained on the strength of 73 Bn. BSF upto 1.10.1998. After completing ten years, three months and fifteen days of service in BSF the petitioner because of compelling family problems made a request to resign from service. On receipt of the application petitioner was interviewed by the Commandant on 27.6.1998. Petitioner was apprised about the rule position and was told that since he had not completed the qualifying service which would make him entitled for pension, he would not be provided with any pensionary benefits. He was told that if he still wanted to proceed with his resignation request, he would have to submit another application. Petitioner did not withdraw his request for resignation but submitted another application for leaving service with effect from 1.10.1998. On receipt of the application, the petitioner was again called by the Commandant on 15.9.1998 and was apprised of the rule position, that there was no provision of granting pensionary benefits without completing twenty years of service. Petitioner insisted on accepting his resignation and so his resignation was accepted by the Commandant with effect from 1.10.1998 without any pensionary benefits. By then, as noticed, petitioner had served the Force for a period of ten years three months and fifteen days only. Since the petitioner had not put in the qualifying service entitling him for pension, petitioner challenged order dated 19.9.1998 vide which his resignation was accepted with effect from 1.10.1998, by means of writ petition but, later on got the writ petition dismissed as withdrawn.

(2.) THE present writ petition has been filed by the petitioner for issuance of writ in the nature of mandamus directing the respondents to recall the petitioner back and permit him to join the Force so as to enable him to complete qualifying service as has been done in the case of other similarly situated persons who were recalled after they had submitted their resignation. In addition petitioner is seeking directions to the respondents to give him due seniority alongwith all other consequential benefits.

(3.) UPON notice of the writ petition, respondents have filed objections in which they have stated that the petitioner was apprised of the rule position not once twice before his resignation was accepted but, insisted that he be allowed to resign with effect from 1.10.1998 because of compelling domestice problems and it was at his instance that he was allowed to resign from the Force. Respondents have stated that under Rule 19 of the BSF Rules, 1969, petitioner is not entitled to pension as he had not put in minimum qualifying service i.e, twenty years. Respondents have also stated that the petitioner cannot as a matter of right seek that he be recalled to join the Force so as to enable him to complete twenty years of qualifying service. Respondents have also raised an objection that second writ petition on the same cause of action is not maintainable.