PEMA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks that the respondents be directed to treat the entire services rendered by him as qualifying service for the purpose of pension and also prayed that the provisions contained in Clause (b) of the Second proviso to Rule 13 of the Rules of Central Civil Services (Pension) Rules, 1972 may be declared to be ultravires to Articles 14, 16, 21 and 23 of the Constitution of India.

(2.) IN brief the facts of the writ petition which are necessary to be noticed for the disposal of this writ petition are that the petitioner was recruited as Sepoy in B.S.F. service on 9.10.1968, when he was 16 years and 9 months old. He was also posted on the front during INdo-Pak hostilities in the year 1971 even before he attained the age of 18 years. The petitioner has moved an application for voluntary discharge and he was discharged from service on 15.5.1979 vide Anx.l dt. 16.5.1979. The petitioner made a representation on 27.12.1980 for grant of pension and he was informed vide communication dt. 28th Jan. 1981 (Anx.2) that the services rendered by him upto the age of 18 years cannot be counted as qualifying services for pension as the service rendered by him till that time have to be treated as Boy Service, and the total qualifying period of service rendered does not qualify him for the purposes of pension. It is also alleged that he made several representations Anx. 3 to 5 but they were of no avail. Hence, he has approached this Court under Article 226 of the Constitution on 2.4.1986. Notice to show cause was issued on 7.4.1986.

(3.) MR. Choudhary, appearing on behalf of the Union of India has submitted that Rule 26 of the BSF Rules clearly provides forfeiture of past services in the case of resignation. He has also submitted that prior to attaining the age of 18 years, the services rendered by the petitioner as Sepoy cannot be taken into account in view of Rule 13 (b) which is not discriminatory, arbitrary and ultravires of the Constitution.