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2009 Supreme(Del) 330

GITA MITTAL, S.L.BHAYANA
Ex. L/Nk Dharam Pal Singh – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: U. Srivastava, Adv.
For Respondents/Defendant: Monika Garg, Adv.

JUDGMENT

Gita Mittal, J.

1. By this writ petition the petitioner assails the order dated 18th May, 2006 whereby he was informed that he was not eligible for pension or re-induction in the Border Security Force.

.2. The petitioner was enrolled on 22th May 1986 in the BSF and was promoted on 14th June, 1993 to the rank of Lance Naik. The respondents are stated to have issued an order dated 27th December, 1995 informing its members that members of force would be entitled to get pensionary benefits on resignation under Rule 19 of the BSF Rules, provided he had put in the requisite number of years of service and fulfilled all other eligibility conditions. The petitioner is stated to have applied for resignation from his service under Rule 19(1) of BSF Rules, 1969 by a representation dated 1st March, 1997. The respondents issued an order dated 1st April, 1997 informing the petitioner that his resignation stood accepted on approval by the competent authority w.e.f. 31st May, 1997 with all pensionary benefits as admissible under Rules. In terms of the orders, the petitioner was duly discharged from services with retrial benefits.

3. There is no dispute that the petitioner sought release of






































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