M.B. Shah, J.:- Leave granted in SLPs (C) Nos. 16644-45 of 1999.

2. The question involved in these appeals, is - whether members of BSF who have resigned from their posts after serving for ten or more years but less than 20 years are entitled to pension/pensionary benefits under the relevant provisions of the Border Security Force Act, 1968 (hereinafter referred to as "the BSF Act") and the Border Security Force Rules, 1969 (hereinafter referred to as "the BSF Rules") or the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as "the CCS (Pension) Rules".

3. Brief facts of Civil Appeal No. 6166 of 1991 are that the respondent filed Civil Writ Petition No. 761 of 1998 before the High Court of Himachal Pradesh praying for writ directing the appellants to forthwith release the pension due to the respondent w.e.f 1.3.1994 and for release of past arrears of pension with interest. It is the case of the respondent that he joined the Border Security Force (hereinafter referred to as "BSF") as a Constable on 15.1.1981 and continued to serve till he submitted his resignation on 11.2.1994, after rendering 12 years and 8 months of service. His resignation was accepted on 1.3.1994 under Rule 19 of the BSF Rules.

4. Thereafter, the Government of India, Ministry of Home Affairs issued GO dated 27.12.1995 conveying its decision to the directorate General, BSF (Personnel) in the matter of admissibility of pensionary benefits on acceptance of resignation under Rule 19 of the rules. The GO was passed to finalise the claims made by a number of ex-BSF personnel for getting pensionary benefits on acceptance of their resignation under Rule

19. On the basis of the aforesaid GO, the respondent represented to the Inspector General, BSF on 2.4.1996 for grant of pensionary benefits. Finally, after receipt of legal notice under Section 80 CPC, the competent authority passed the following Order No. 3563/(PF.RK)/97-Est.II/42328 on 3.5.1997: "In partial modification of this Office Order No. 3411/Estt.- II/94/2.39 dated 28.2.1994 and as approved by the competent authority, No.810050310 ex-Naik Rakesh Kumar of I of A, BSF Academy, Tekanpur is hereby allowed full pensionary benefits as admissible under the rules consequent upon his resignation from BSF service, which was accepted w.e.f. 1.3.1994 (FN) Rule 19 of the BSF Rules." (Emphasis added)

5. However, as the pension was not released the respondent was required to approach the High Court. The High Court allowed the petition and directed the competent authority to quantify the pensionary benefits which the respondent was entitled to from the date of his retirement i.e. 1.3.1994. That order is challenged in this appeal.

6. Similar directions were issued on 22.7.1999 the High Court of Himachal Pradesh in Writ Petition No. 783 of 1998 which are challenged in Civil Appeal No.2121 of 2000.

7. In Civil Appeals Nos. 2491-92 of 2001 arising out of SLPs (Civil) Nos. 16644-45, it is the case of the respondent P.K. Surendran Nair that he was enrolled in BSF in May 1970. He resigned from the service and his resignation was accepted with effect from 24.1.1981 after completing more than 10 years of service. At that time pensionary benefits were not granted to him. He submitted representation for grant of pension. By order dated 19.2.1997, the competent authority sanctioned full pensionary benefits as admissible under the Rules w.e.f. 24.1.1981. As the pensionary benefits were not released in favour of the respondent, he approached the High Court of Kerala by filing OP No. J7228 of 1998 praying for a direct in to the appellants to disburse pensionary benefits. The High Court by interim order dated 15.10.1998 directed the appellants to disburse pensionary benefits to the respondent pending disposal of the writ petition. That order was challenged in WA No. 2648 of 1998. After hearing the parties, by the impugned judgment and order dated 4.3.1999, the Division Bench dismissed the writ appeal by holding that