UNION OF INDIA Vs. RAKESH KUMAR

JUDGEMENT

(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")

(3.) 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 Rule 19 of the BSF Rules.