DHARAM PAL Vs. SECRETARY HOME DEPARTMENT & ORS.

JUDGEMENT

(1.) Respondents in exercise of the power under Rule 26 of the Border Security Force Rules, 1969 (hereinafter referred to as the Rules ) compulsorily retired the petitioner, a Constable in the Border Security Force from service vide order Annexure-C dated 12.09.2009 w.e.f. 30.09.2009 with pensionary benefits as admissible under Rule 40 of the CCS Pension Rules, 1972.

(2.) That vide Annexure-H-1 dated 06.05.2010, Commandant 20th BN BSF Jodhpur (Rajasthan), informed the petitioner of his having been granted compensation as admissible under Rule 40 of the CCS Pension Rules, 1972 but of his not being entitled to gratuity on account of imposition of punishment of compulsorily retirement w.e.f. 30.09.2009 on account of plural marriage.

(3.) That in response to legal notice ( Annexure-D) dated 03.08.2010, respondent No.3, vide Annexure-E, informed the petitioner of non disbursal of post retiral benefits amounting to Rs.1,00,970/- on account of CGEGIS and Leave Encashment by the 20th BN Border Security Force pending decision regarding maintenance allowance payable to his wife in terms of the orders of the Judicial Magistrate 1st Class, Jammu and that the said amount would be paid on receipt of suitable Court orders.