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2022 Supreme(Raj) 444

Narpat Singh S/o Bhim Singh – Appellant
Versus
Union Of India, Through Its Secretary, Ministry Of Home Affairs – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.S. Gill, Dr. Kshamendra Mathur.
For the Respondents: Mr. Mukesh Rajpurohit, ASG.

ORDER :

1. This writ petition has been filed by the petitioner seeking a direction to the respondents to grant applicable pension, gratuity and other post retirement and other benefits to the petitioner, restore the Pension Payment Order from the date it was stopped and quash the impugned order dated 17/8/2001 (Annex.2) for the stoppage of pension issued by the respondent BSF and decide the case of the petitioner in terms of the larger Bench judgment in DTC vs. Balwan Singh : (2019) 18 SCC 126.

2. The petitioner has filed this petition on 13/8/2021 with the averments that on completion of more than 10 years of satisfactory qualifying service, owing to some person reasons, the petitioner, who was serving as Lance Naik with BSF, took voluntary retirement on 30/8/1996. Pursuant to the retirement accorded to the petitioner, the PPO was issued on 7/10/1996. However, by order dated 17/8/2001 by indicating that pension to the petitioner has been stopped forthwith as the petitioner had resigned from service under Rule 19 of the BSF Rules before completing 20 years of service and he is not entitled for pensionary benefits as decided by Hon’ble Supreme Court in its judgment dated 30/3/2001 in

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