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2006 Supreme(SC) 10

B.N.SRIKRISHNA, C.K.THAKKER
Raj Kumar – Appellant
Versus
Union of India – Respondent


JUDGMENT

Srikrishna, J.—The writ petitions in this group arise from the same set of facts and seek the same relief. They can conveniently be disposed of by a common judgment.

2. For the purpose of facts, it would be sufficient to refer to the facts narrated in Writ Petition (C) No. 569/2001. The petitioners were holding different posts under the Border Security Force (hereinafter referred to as "the force"), constituted under The Border Security Force Act, 1968 (hereinafter) referred to as "the BSF Act"). The First Respondent is the Union of India in the Ministry of Home Affairs and the Second Respondent is the Director General of the Border Security Force.

3. On 27.12.1995 the Second Respondent with the approval of the First Respondent and in consultation with the Department of Pension and Pensioners’ Welfare issued a G.O./Circular notifying that the Government had agreed with their views that "a member of the force is entitled to get pensionary benefits on resignation under Rule 19 of the said Rules provided he has put in requisite number of years of service and fulfills all other eligibility conditions". (The Rules referred to are the Border Security Force Rules, 1969,) hereinafter






































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