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2000 Supreme(Del) 375

A.K.SIKRI
OM PAL SINGH EX-COMMANDANT (ITBP) – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Anil Gautam, M.K.BHARDWAJ, S.K.Kaul

A. K. SIKRI, J. (ORAL)

( 1 ) PETITIONER was working in Central Reserve: Police Force from where he retiredon 31/12/1996 on attaining 55 years of age aftercompleting 31 years, 9months and one day s service. He is being given the pension but full pension is notreleased to him. His contention is that since he had completed 30 years of servicebefore retirement he is entitled to full pension. On the other hand respondents standtaken in the courier-affidavit is that as per the petitioner had not completed 33 yearsof service, which is maximum service provided under the Rules, petitioner is notentitled to full pension and pro rata pension on the basis of length of service renderedby the petitioner is correct.

( 2 ) THE question involved is no more res integra and has been decided by thiscourt in number of cases and copies of these orders are annexed with the petition. Particulars thereof are asunder:

1. Birbal Ram Sharma Vs. UOI and Others in CWP 935/92 dt. 20. 12. 92high Court of Jammu and Kashmir, at Jammu.

2. Shri Sant Ram Vs. Union of India and Others CWP NO. 4208/94, dt. 13. 10. 95 by the High Court of Delhi at New Delhi.

3. It is further contended by the respondents that in view of spe






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