PRADEEP NANDRAJOG, J.

1. Enrolled as a Constable (GD) with BSF on 11.9.1979, petitioner was re-mustered as Clerk and earned promotion to the rank of ASI (Clerk) on 27.3.1986. He earned further promotion to the rank of Sub-Inspector (Clerk) on 14.2.1996.

2. On 27.12.1995, BSF issued an office memorandum informing that BSF personnel who have completed 10 years service may seek resignation; expressly informing that service pension under Rule 19 of the BSF Rules 1969 would be paid.

3. Petitioner resigned from service pursuant to the said office memorandum and was sanctioned service pension with effect from 1.4.1996, which was suddenly stopped in July 2001, on the stand taken by BSF that having not completed 20 years service no pension could be paid since Rule 49 of the CCS Pension Rules 192 stipulated 20 years as the minimum qualifying service.

4. Large number of BSF personnel who had resigned pursuant to the office memorandum dated 27.12.1995, on an express assurance that pension would be paid, litigated when pension was abruptly stopped after a few years. Matter was finally decided by the Supreme Court on 4.1.2006; decision being reported as 2006 SCC (L &S) 216 Raj Kumar & O