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2003 Supreme(Del) 521

MADAN B.LOKUR, D.K.JAIN
D. D. SWAMI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Aman Lekhi, Anil Gautam, RAJU RAMACHANDRAN, REKHA PALLI

D. K. JAIN, J.

( 1 ) BY means of this writ petition, the petitioner seeks a direction to the respondents to pay him full pension with effect from the date he retired from service as Commandant in the Border Security Force.

( 2 ) THE petitioner retired at the age of 55 years after rendering a service of more than 30 years but before completion of 33 years. He was granted pension on pro rata basis. The petitioner made a representation to the respondents praying for grant of full pension and other retiral benefits on the plea that since the age of superannuation upto the rank of Commandant in para-military forces was 55 years, i. e. , three years less than officers of the higher rank in the same force and other Central Government employees, who normally retire at the age of 58 years, the requirement of qualifying period of service for being entitled to full pension in his case should be taken as 30 years and not 33 years as in the case of other Central Government employees, etc. In nutshell, the plea was that the petitioner having superannuated at the age of 55 years, he should be given the benefit of full pension on completion of 30 years of service.

( 3 ) HAVING failed to get any re





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