TEK CHAND Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner in this petition seeks a direction to the respondents to fix and release pension in his favour retrospectively with effect from the date the petitioner was discharged from service i.e. 31.01.1997 and also to pay him the compensation for wrongfully withholding his pension.

(2.) Briefly stated, the facts leading to the filing of this petition are that the petitioner came to be appointed as Constable in the Border Security Force (BSF) on 09.08.1986. While the petitioner was posted in 10th Bn of the BSF, the petitioner tendered his resignation voluntarily and the same was accepted by the competent authority w.e.f. 31.01.1997. Since the petitioner had not served for the period qualifying for pension in terms of Central Civil Services (Pension) Rules, 1972 [CCS(Pension) Rules] read with Rule 19 of the Border Security Force Rules, 1969 (BSF Rules), as such, no pensionary benefits in his favour were sanctioned.

(3.) It may be relevant to note that the petitioner as on 31.01.1997 had completed only 10 years four months and 25 days service. The petitioner's case for grant of pension, however, was submitted by the BSF authorities to the Pension and Account Division, BSF, New Delhi which was returned with the remarks that the case of the petitioner did not qualify for grant of pension. The decision with regard to grant of pension under Rule 19 was under consideration of the higher authorities and, accordingly, the petitioner was intimated that as and when an appropriate decision in the matter is taken, the case of the petitioner would be re-submitted for grant of pension. Subsequently, the Directorate General of BSF vide its communication No.24/1/97-Pers/BSF dated 15.01.1998 also clarified the position with regard to the issue of grant of pension in terms of Rule 19 of the BSF Rules in favour of such BSF personnel who had voluntarily retired from service but had not completed the qualifying service, as envisaged under the Pension Rules. As is apparent from the communication, since the issue was pending before the Supreme Court, therefore, no final decision in the matter was taken.