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2005 Supreme(SC) 1392

S.N.VARIAVA, A.R.LAKSHMANAN, S.H.KAPADIA
UNION OF INDIA – Appellant
Versus
SATISH KUMAR – Respondent


ORDER

1. Delay condoned.

2. Leave granted in all the special leave petitions.

3. Heard parties.

4. All these appeals can be disposed of by this common order. All the respondents in these appeals were working either in the Border Security Force and/or the Central Reserve Police Force. All of them, as per the Rules, retired at the age of 55 years. Pension was computed on the basis of Rule 49 of the Central Civil Services (Pension) Rules, the relevant portion of which reads as follows:

"49. Amount of pension. - (1) In the case of a government servant retiring in accordance with the provisions of these Rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half months emoluments for every completed sixmonthly period of qualifying service.

(2)(a) In the case of a government servant retiring in accordance with a the provisions of these Rules after completing qualifying service of not less than thirty - three years, the amount of pension shall be calculated at fifty per cent of average emoluments, subject to a maximum of four thousand and five hundred rupees per mensem;

(b) in the case of a government servant retiring in














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