Union of India Others C.W.P. No.
761 of 1998.
G.O. dated December 27, 1995 issued by the Central Government was also referred to.
Their stand in the High Court was that the writ petitioners were governed by the Central Civil Services Pension Rules, 1972 for short, CCS Pension Rules and as per these rules the minimum qualifying service for pension is 20 years and, therefore, they were number entitled to any pension.
After quoting G.O. dated December 27, 1995, this Court in para 20 of the report observed as follows The aforesaid GO makes it clear that there was a demand for grant of pensionary benefit on acceptance of the resignation under Rule 19 and that demand was accepted by the Government.
The writ petitions were companytested by the present appellants respondents therein .
Accordingly, the Single Judge, by his judgment dated September 29, 1999, allowed the writ petitions and directed the present appellants to grant pension to the petitioner respondents herein in accordance with Rule 49 2 b of the CCS Pension Rules.
The Division Bench of the Kerala High Court upheld the decision of the Single Judge and dismissed the Writ Appeals vide judgment dated August 25, 2000.
Their resignation was accepted by the Commandant 48 BN BSF.
on their resignation.
On companypletion of 10 years service, they tendered resignation.
The respondents challenged the above companymunication by filing two separate Writ Petitions.
It is from this order of the Division Bench that the present Appeals, by special leave, have arisen.
However, their case for reinstatement in BSF would be companysidered subject to refund of all payment made to them from the Government such as GPF, Gratuity, CGEGIS, etc.
M. LODHA, J. Delay companydoned.
We have heard Mr. Tara Chandra Sharma, learned companynsel for the appellants, and Mr. M.P. Vinod, learned companynsel for the respondents.
The respondents were the original writ petitioners before the High Court.
While doing so, the Division Bench referred to the decision of the Himachal Pradesh High Court in Ex Naik Rakesh Kumar Vs.
Against the order of the Single Judge, the present appellants preferred Writ Appeals.
Accordingly, on October 20, 1998, a letter was sent intimating them that numberpensionary benefits were admissible to those who have proceeded on resignation under Rule 19 of the BSF Rules.
