Ganga Prasad vs Union Of India
2023 Latest Caselaw 3524 MP

IN THE HIGH COURT OF MADHYA PRADESH
                 AT JABALPUR
                     BEFORE
      HON'BLE SHRI JUSTICE SHEEL NAGU
         ON THE 28th OF FEBRUARY, 2023
         WRIT PETITION No. 12805 of 2016

     BETWEEN:-

     GANGA PRASAD S/O SHRI MAHANTA
     PRASAD, AGED ABOUT 52 YEARS, R/O
     VILLAGE-    HARRAWAH,    POLICE
     STATION-     BILASPUR   CHOUKI,
     UMARIA, TEHSIL- UMARIA (M.P.).
     PRESENTLY CENTRAL JAIL, REWA,
     DISTRICT- REWA (M.P.)

                                           .....PETITIONER

     (BY SHRI BINOD KUMAR TIWARI - ADVOCATE)

                       AND

1.   UNION    OF INDIA THROUGH  THE
     SECRETARY,    MINISTRY OF HOME
     AFFAIRS, NEW DELHI.

2.   DIRECTOR GENERAL, BORDER SECURITY
     FORCE,       DIRECTORATE       OF
     ADMINISTRATION (COMPLAINANT AND
     SETTLEMENT CELL), NEW DELHI.

3.   COMMANDANT, 60 BATTALION, BORDER
     SECURITY FORCE, GAS THERMAL POWER
     PROJECT, ROKHIYA, DISTRICT- TRIPURA
     (WEST).
                                          -    2 -




                                                                     .....RESPONDENTS

      (BY SHRI PUSHPENDRA YADAV - ASSISTANT SOLICITOR GENERAL)
      -----------------------------------------------------------------------------------------
      This petition having been for hearing this day, the Court
pronounced the following:

                                        ORDER

This petition has been filed under Article 226 of the Constitution of India praying for following reliefs :-

"(i) to issue writ of mandamus or any other writ, direction to respondents no.3 to issue Pension Payment Order (PPO)/Gratuity Payment Order (GPO) and to release amount standing in his credit with interest.

(ii) to direct respondents to release amount outstanding to petitioner on account of leave encashment, etc.

(iii) to grant any other relief which this Hon'ble Court deems just and proper based on the facts and circumstances of the case.

(iv) to award cost of the petition in favour of the petitioner."

2. The facts reveal that petitioner made an application for voluntary retirement from BSF with effect from 30th September, 2008 which was accepted by issuance of Annexure P/1 dated 15.04.2008 voluntarily retiring petitioner with effect from 30th September, 2008.

3. Before the effective date of voluntary retirement, petitioner appears to have withdrawn the request for voluntary retirement, as a result of which, order dated 23.08.2008 vide Annexure R/3 was passed cancelling the order of voluntary retirement dated 15.04.2008.

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3.1 It appears that after passing of order of voluntary retirement on 15.04.2008 (voluntarily retiring the petitioner with effect from 30 th September, 2008), petitioner went home and got involved in an incident of assault which led to death of his brother wherein petitioner was accused of the offences of murder bearing Crime No.2/2009 punishable u/Ss 302 & 307 of IPC at Police Station- Umaria (M.P.). Eventually, petitioner was convicted and awarded life sentence by judgment dated 31.01.2011.

3.2 Resultantly, the employer passed an order dated 18.03.2011 (Annexure P/3) terminating the services of petitioner by invoking Section 11(2) of BSF Act, 1968 (for brevity "the Act") & Rule 23A of BSF Rules, 1969 (for brevity "the Rules").

3.3 Learned counsel for petitioner submits that challenging the aforesaid order of conviction and sentence, Criminal Appeal No.381/2011 was filed which is pending adjudication before this Court.

4. In the aforesaid factual background, petitioner prays for release of his pensionary benefits i.e. pension and gratuity.

5. Once there is no enabling provision under the BSF Act or Rules framed thereunder entitling grant of pension and other terminal claims on termination of services stemming from conviction, no relief as prayed for can be granted.

6. In view of above, there is no occasion for grant of any benefit to petitioner.

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7. However, if petitioner ultimately succeeds in Criminal Appeal No.381/2011, he is at liberty to revisit the Court by filing a fresh petition.

8. With the aforesaid liberty, the present petition stands dismissed.

(SHEEL NAGU) JUDGE

YS

Digitally signed by YOGESH KUMAR SHIRVASTAVA Date: 2023.03.03 11:31:14 +05'30'