IDAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant special appeal has been filed by the appellant challenging the judgment dated 30.06.2008 passed by the learned Single Judge in S.B. Civil Writ Petition No. 4257/2006, whereby, the writ petition filed by the appellant was dismissed.

(2.) Brief facts of the case are that the petitioner- appellant Idan Singh s/o Kalyan Singh joined Border Security Force on 03.05.1986 on the post of Driver. Later on, an application was filed by him under Rule 19 of the BSF Rules, 1969 for retirement. Accordingly, he was discharged from service in terms of circular dated 27.12.1995 under communication dated 11.06.1997. Application for retirement of the appellant Idan Singh was accepted with effect from 31.07.1997. As per his tenure, appellant Idan Singh worked in the BSF for 11 years 2 months and 28 days. In the communication dated 11.06.1997, it was observed that employee will be entitled for all pensionary benefits according to rules as per his entitlement.

(3.) After passing order for retirement of the appellant with effect from 31.07.1997, the respondents wrote a letter on 14.10.1998 to the appellant, whereby, he was informed that he should re-join the duties at the headquarters by 30.10.1998. In the communication, it was also stated that the BSF personnel proceeded resignation under BSF Rules 19 during 1996, 1997 and 1998 with less than 20 years of service under mistaken impression with pensionary benefits and who have not been granted pension should be taken back in service as a special case.