Hemant Gupta, J. - (1.) THE petitioners have invoked the extra -ordinary writ jurisdiction of this Court for claiming pension, having retired on 31.12.1996 and 30.9.1996, respectively.
(2.) PETITIONER No. 1 was enrolled in the Border Security Force on 10.4.1986 whereas petitioner No. 2 on 3.1.1986. On 27.6.1979, a circular was issued by the Government of India for grant of pensionary benefits under Rule 19 of the Border Security Force Rules, 1969 (for short 'the Rules'). Such circular contemplated that if in special circumstances, a member of the Force has submitted his resignation, yet he would be allowed pensionary benefits. The special circumstances, which were enumerated in the circular are extreme compassionate grounds; where the records of service of the individual are exceptional; and indifferent health. After the said circular was issued, petitioner No. 1 submitted his resignation (Annexure P.2) on the ground that his mother is suffering from cancer and father from a heart trouble and he being the only responsible member of his family be relieved with full pensionary benefits to take care of his aged parents. On the basis of the said request, petitioner No. 1 was relieved with full pensionary benefits. Similar request of petitioner No.2 was also accepted. Though petitioners were relieved with full pensionary benefits, but admittedly, the pensionary benefits were not released.
(3.) IT is pointed out that vide communication dated 17.10.1998 (Annexure R -1) addressed to petitioner No. 1 and Annexure R -2 dated 12.4.1999 addressed to petitioner No. 2, both the petitioners were called upon to rejoin the services and it was also communicated that the petitioners shall retain their seniority on reinstatement in service and period of absence will be treated as earned leave/half pay leave as due and leave without pay for the remaining period of absence. The said offer was made as it was realized by the respondents that to offer retiral benefits before the completion of 20 years of service is not permissible under Rules. Admittedly, the petitioners did not join the duties in pursuance of the said communications addressed in the year 1998 -99.;