Dinesh Maheshwari, J. - (1.) BY way of these petitions for writ, the petitioners seek to challenge the orders passed by the competent authorities on their representations as made in pursuance of the directions issued by This Court in their earlier writ petitions. For similarity of background facts these two petitions (CWP Nos. 4083/2006 and 4257/2006) have been heard together and are taken up for disposal by this common order; however, as shall be noticed hereafter, there remains dissimilarity on crucial facts in relation to the two writ petitioners and hence, their individual cases have been dealt with separately. Background facts, relevant provisions, and the decisions of the Hon'ble Supreme Court
(2.) PROFITABLE it shall be to notice at the outset the relevant statutory provisions and the decisions of the Hon'ble Supreme Court that govern the fundamentals of the issues involved with the background facts that run common to both the petitions. Section 8 of the Border of Security Force Act, 1968 and Rule 19(1) of the Border of Security Force Rules, 1972 ( 'the BSF Rules ') relevant for the present purpose read as under: Section 8. Resignation and withdrawal from the post. - No member of the Force shall be at liberty, - (a) to resign his appointment during the term of his engagement; or (b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority. Rule 19. - Resignation. -(1) The Central Government may, having regard to the special circumstances of any case, permit any officer of the Force to resign from the Force before the attainment of the age of retirement or before putting in such number of years of service as may be necessary under the rules to be eligible for retirement: Provided that while granting such permission the Central Government may: (a) require the officer to refund to the Government such amount as would constitute the cost of training given to that officer; or (b) make such reduction in the pension or other retirement benefits of the officer if so eligible as that Government may consider just and proper in the circumstances.... On the question of grant of pensionary benefits to a member of Force on his resignation under the aforesaid Rule 19 of the BSF Rules, the Director General of the Border Security Force (BSF) proceeded to issue a Government Order/Circular on 27.12.1995 with the approval of the Union of India and in consultation with the Department of Pension and Pensioner 's Welfare notifying that a member of BSF would be entitled to get pensionary benefits on resignation under the said Rule 19 provided he had put in requisite number of years of service and fulfilled other eligibility conditions. This Circular also provided that the competent authority may, under special circumstances of a case, permit a member of BSF to resign before attainment of the age of retirement or before putting in requisite number of years of service as may be necessary under the Rules to be eligible for retirement; and that the competent authority was empowered to make such reduction in the pension or other retirement benefits of a member of BSF, if so eligible, as it may consider just and proper in the circumstances of the case. This Circular was taken to mean that any such member of BSF could resign with the permission of the competent authority even before completing the qualifying service for pension and would be eligible for pension under Rule 19(1) of the BSF Rules.
(3.) IN response to the said Circular, 2209 personnel did resign under Rule 19 of the BSF Rules and their resignations were accepted. After such resignations, in 447 cases, the pension amounts were released whereas the cases of about 1762 personnel were pending sanction of the pension. In the meanwhile, realising the mistake, a letter dated 15.01.1998 came to be issued by the concerned authority conveying the decision of the Director General, BSF that all such personnel who had resigned under Rule 19 of the BSF Rules during the years 1996, 1997, and 1998 with less than 20 years ' service under mistaken impression with pensionary benefits and were not granted pension, be taken back immediately and that the amount of GPF and other dues paid were to be refunded. Further, on 17.10.1998, the Deputy Director (Personnel) issued a Circular conveying that those personnel whose resignations had been accepted after the said Circular dated 27 -12 -1995 and under mistaken impression of their entitlement to pensionary benefits but who had not yet been granted pension, should be called back to rejoin immediately; and that in their cases, the period of absence would be treated as an earned leave/half pay leave as due and the remaining as leave without pay as a special case but such personnel shall have to refund GPF and other dues paid to them; however, they would retain their seniority. This Circular also stated that if a member of the Force was not interested to rejoin, he would not be entitled to any pension. Individual communication were sent to all such persons whose resignations had been accepted pursuant to the Circular dated 27.12.1995; and initially the first cut -off date for rejoining was 30.04.1999, which was later extended up to 30.06.1999 and, finally, up to 31.08.1999;