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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Banwari Lal, S/o Shri Hansram – Appellant
Versus
Union Of India, Through The Deputy Secretary, Department Of Pension And Pensioners Welfare – Respondent
ORDER :
FARJAND ALI, J.
1. The instant Writ Petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking direction to the respondents to restore the Pension Payment Order No.240559609390/166071 dated 08.08.1996 issued by Central Pension Accounting Office, Govt. of India , New Delhi forthwith, along with arrears accruing from the date of its discontinuation i.e order No.CPAO/A-III/2001-2002/BSF/Vol-2/P-2/ dated 23.08.2001 issued by the Central Pension Accounting Office, Govt. of India, New Delhi, along with all consequential benefits.
2. In nutshell the facts of the case are that the petitioner was enrolled in the Border Security Force (BSF) on 14.07.1985 as a Constable and, after rendering over a decade of meritorious and unblemished service, rose to the rank of Lance Naik. His request for voluntary retirement was duly accepted on 31.03.1996 under Rule 19 of the BSF Rules, 1969, framed under the BSF Act, 1968, with entitlement to full pensionary benefits, and a discharge certificate was accordingly issued. Tragically, shortly thereafter, on 14.04.1996, the petitioner suffered a grievous accident resulting in amputation of his right hand and le
Pension entitlement is protected under law for personnel with over ten years of service, regardless of subsequent resignations, provided statutory rules for retirement were adhered to.
Dismissal from service does not negate prior service and pension eligibility unless explicitly stated in dismissal order; effectiveness of CCS Rules guide pension rights.
The petitioner, having completed 9 years and 8 months of service, is entitled to pension under Rule 40 read with Rule 49(3) of the CCS (Pension) Rules, 1972, and the court interpreted the rules liber....
Resignation under CCS Pension Rules Rule 26 forfeits past service, barring pensionary benefits to employee or family despite service rendered; distinct from voluntary retirement; no retrospective app....
Post of Director – Pension - Since pension Rules are beneficial legislation, therefore interpretation of such rules should be made liberally, if two interpretations of said rules are possible in view....
Validity of voluntary retirement and entitlement to pension benefits under A.P. Revised Pension Rules, 1980.
The judgment established the distinction between resignation and voluntary retirement, upheld the disqualification of pensionary benefits in case of resignation, and emphasized that the petitioner kn....
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