Kerala High Court
George Varghese vs Union Of India on 13 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:70290
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 16353 OF 2023
PETITIONER:
GEORGE VARGHESE
AGED 52 YEARS
KARINGANIMATTOM HOUSE, MARANGOLY P.O, NEEZHOOR,
KOTTAYAM DIST, KERALA, PIN - 686 612.
BY ADVS.
JOHN T.PAUL
V.K.SATHYANATHAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES AND PENSIONS, NORTH BLOCK, NEW DELHI,
PIN - 110 001.
2 THE DIRECTOR
DEPARTMENT OF PENSIONS AND PENSIONER'S WELFARE,
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS,
NORTH BLOCK, NEW DELHI, PIN - 110 001.
3 DIRECTOR GENERAL -BSF
BLOCK 10, CGO COMPLEX, LODHI ROAD, NEW DELHI,
PIN - 110 003.
4 THE COMMANDANT
107 BATTALION HEAD QUARTERS BSF, GANDHI NAGAR P.O., GANDHI
NAGAR DIST, GUJARAT, PIN - 382 045.
BY ADV MINI GOPINATH -CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16353 OF 2023 : 2 :
2024:KER:70290
JUDGMENT
The petitioner is an Ex-Border Security Force (BSF)
personnel who was discharged from BSF on 30.06.2006,
after completing 15 years and 7 months of qualifying
service. The petitioner states that he is not so far paid
the retirement benefits. The request of the petitioner for
retirement benefits vide Ext.P3 was rejected by Ext.P4 on
the ground that as per the CCS (Pension) Rules 1972, a
person who has resigned from service is not eligible for
pension. According to the petitioner, he did not resign
from the service of the BSF and on the other hand, he
was discharged from service under Rule 19 of the Border
Security Force Rules, 1969 (for short 'BSF Rules') and
that since he has put in 15 years and 7 months of
2024:KER:70290
qualifying service, he is entitled for retirement benefits.
2. A counter affidavit has been filed on behalf of
respondents wherein it is stated that the petitioner had
submitted his resignation from service on 30.06.2006
which was accepted by the Commandant with effect from
30.06.2006 as per Ext.R1 (a) order. It is further stated
that since the petitioner has resigned from service, he
has forfeited his past service and is not entitled for
retirement benefits.
3. The learned Counsel for the petitioner submits
that the Director General, Border Security Force as per
proceedings No.26001/Adm Dte-EOP
III/32Bn-RK/BSF/2024/98-184 dated 21.02.2024 is
reconsidering the cases for pensionary benefits closed for
the reason that the personnel have resigned from the BSF
2024:KER:70290
under Rule 19 of the BSF Rules. It is submitted that
since the Director General, Border Security Force has
issued circular for re-examining closed cases, the request
of the petitioner in Ext.P3 may be directed to be
revisited by the 3rd respondent or any other competent
authority.
4. Heard the learned counsel for the petitioner
and the learned Central Government Counsel for
respondents.
In the light of the communication dated
21.02.2024 issued by the Director General, Border
Security Force referred to above, there will be a
direction to the 3rd respondent or competent authority to
revisit Ext.P4 order and pass fresh orders as regards the
claim of the petitioner for pensionary benefits, as
2024:KER:70290
expeditiously as possible, at any rate, within a period of
six months from the date of receipt of a copy of this
judgment.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2024:KER:70290
APPENDIX OF WP(C) 16353/2023
PETITIONER'S EXHIBITS
EXHIBIT1 TRUE COPY OF THE DISCHARGE CERTIFICATE OF THE
PETITIONER DATED 30.6.2006.
EXHIBIT P 2 TRUE COPY OF THE RELEVANT PORTION OF THE CCS
PENSION RULE-1972 PUBLISHED AS S.O 934 DATED 1-3-
1972.
EXHIBIT P 3 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER DATED 30.1.2017.
EXHIBIT P 4 TRUE COPY OF THE REJECTION LETTER NO. ESTT/107
BN/PENSION/2017/3966-68 DATED 30.3.2017
RESPONDENTS' EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE BSF ORDER DATED 18.06.2006
