K.A. Abdul Gafoor, J.

The facts are not in dispute. They are in a narrow campass. They raise a substantial question of law.

2. The petitioner serving the Border Security Force resigned from service on completion of 10 years. That was under R.19 of the Border Security Force Rules, 1969. According to him, this was with the benefit of pension. But, he is not granted pension. He shall be granted pension. That is his case. R.19(1) is sufficient enough, according to the petitioner, to grant him pension. R.18(2) of the Central Civil Services (Pension) Rules is applicable to the members of Border Security Force as well. R.49(2)(b) of the C.C.S.(Pension) Rules make it clear that those who have put in ten years of service are also eligible for pension. Therefore, the persons who resign under R.19 on completion of ten years service are also eligible for pension, the petitioner submits. The petitioner relies on a single judge decision of this Court in Jose v. Border Security Force (1999 (3) KLT 904) and a Division Bench decision of this Court in W.A. No. 2648/1998 reported in Union of India v. Surendran Nair (1999 (2) KLT (SN) Case No. 3 at page No. 3). It has been held in Jose's cas