M.B.Shah, J. - (1.) LEAVE granted in S.L.P. (C) Nos. 16644-45 of 1999.
(2.) THE question involved in these appeals is - whether members of BSF who have resigned from their posts after serving for ten or more years but less than 20 years are entitled to pension/pensionary benefits under the relevant provisions of the Border Security Force Act, 1968 (hereinafter referred to as "the BSF Act") and the Border Security Force Rules, 1969 (hereinafter referred to as "the BSF Rules") or the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as "the CCS (Pension) Rules")? Brief facts of Civil Appeal No. 6166 of 1991 are that - respondent filed Civil Writ Petition No.761 of 1998 before the High Court of Himachal Pradesh praying for writ directing the appellants to forthwith release the pension due to the respondent w.e.f. 1st March, 1994 and for release of past arrears of pension with interest. It is the case of the respondent that he joined the Border Security Force (hereinafter referred to as 'BSF') as a constable on 15.1.1981 and continued to serve till he submitted his resignation on 11.2.1994, after rendering 12 years and 8 months of service. His resignation was accepted on 1.3.1994 under R. 19 of the BSF Rules. Thereafter, the Government of India, Ministry of Home Affairs issued G.O. dated 27th December, 1995 conveying its decision to the Directorate General, B.S.F. (Personnel) in the matter of admissibility of pensionary benefits on acceptance of resignation under R.19 of the Rules. The G.O. was passed to finalise the claims made by number of Ex-BSF personnel for getting the pensionary benefits on acceptance of their resignation under R.19. On the basis of the aforesaid G.O., respondent represented to the Inspector General, BSF on 2nd April, 1996 for grant of pensionary benefits. Finally, after receipt of legal notice under S. 80 of CPC, the competent authority passed the following order No. 3563/(PF.RK)/97- Est.II/42328 on 3.5.1997:- "In partial modification of this office order No. 3411/Estt.-II/94/239 dated 28th February 1994 and as approved by competent authority, No. 810050310 Ex-Naik Rakesh Kumar of 1 of A, BSF Academy Tekanpur is hereby allowed full pensionary benefits as admissible under Rules consequent upon his resignation from BSF service, which was accepted w.e.f. 1st March, 1994 (FN) R. 19 of BSF Rules". (Emphasis added)
(3.) HOWEVER, as the pension was not released the respondent was required to approach the High Court. The High Court allowed the pension and directed the competent authority to quantify the pensionary benefits which the respondent was entitled to from the date of his retirement i.e., 1.3.1994. That order is challenged in this appeal. Similar directions are issued on 22nd July 1999 by the High Court of Himachal Pradesh in Writ Petition No. 783 of 1998 which are challenged in Civil Appeal No. 2121 of 2000.;