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[2026:RJ-JD:15094]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 6595/2026

Mr. Ramji Lal S/o Jhuhara Ram, Aged About 58 Years, R/o Village Lalana, Tehsil Nohar, District Hanumangarh, State Rajasthan.

----Petitioner Versus

1. Union Of India, Through The Secretary, Ministry Of Home Affairs, North Block, Central Secretariat, New Delhi

110001.

2. Deputy Secretary, Department And Pensioners Welfare, Lok Nayak Bhawan Khan Market, New Delhi 110003.

3. Director General Of Bsf, Hq Dg Bsf, Block No. 10, Cgo Complex, Lodhi Road, New Delhi 110003.

4. Inspector General Of Bsf, Frontier Hqr Bsf, Mandore Road, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Vichitr For Respondent(s) : Mr. Brijesh Bhintal

HON'BLE DR. JUSTICE NUPUR BHATI

Order

02/04/2026

1. The instant writ petition has been filed with the following

prayers:

“xxxxx It is, therefore, humbly prayed that yours Lordships may graciously be pleased to accept and allow this writ petition and the respondents may kindly be directed give pension and all consequential retiremental benefits to the petitioner in terms of acceptance order of

Commandant, 85 BN BSF in favor of petitioner.

xxxx”

2. Brief facts of the case, in nutshell, are that the petitioner, a former Constable (General Duty) in the Border Security Force (BSF), rendered over 10 years of dedicated and unblemished

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[2026:RJ-JD:15094] (2 of 3) [CW-6595/2026] service involving border patrolling, prevention of trans-border crimes, and national security duties under challenging conditions. After completing the requisite qualifying service, he resigned on 02.07.1997 under Rule 19 of the BSF Rules, 1969, in accordance with Government Order No.24/95-Pers/BSF dated 27.12.1995, which reduced the pension eligibility threshold to 10 years; his resignation was accepted on 06.12.1997 without forfeiture of service. Despite fulfilling all conditions and submitting necessary documents, the respondent-authorities denied him pensionary benefits. The petitioner contends that he is entitled to proportionate pension under Rule 49(2)(b) of the CCS (Pension)

Rules, 1972, and thus, prefers the present writ petition.

3. Counsel for the petitioner submits that the respondents have denied and forfeited pensionary benefits to the petitioner while the petitioner was permitted to retire under Rule 19 of the Border Security Force Rules, 1969 and the same is wholly illegal, arbitrary

and devoid of statutory sanction.

4. Counsel for the petitioner submit that the issue involved in the present writ petition is squarely covered by the order dated 30.10.2025 passed by the Coordinate Bench in the case of

Banwari Lal v. UOI & Ors. : SBCWP No.15135/2021

5. Counsel for the respondents is not in a position to refute the fact that the issue involved in the present writ petition is squarely covered by the order passed by the Coordinate Bench in the case

of Banwari Lal (supra)

6. Thus, in view of the submissions made, the instant writ petition is allowed in the same terms as in the case of Banwari

Lal (supra)

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[2026:RJ-JD:15094] (3 of 3) [CW-6595/2026] 7. The respondent authorities are directed to release the Pension Payment Order No.85 BN BSF C/o 56 APO dated 09.08.1996 issued by Central Pension Accounting Office, Government of India, New Delhi forthwith, along with arrears accruing from the date of its issuance order dated 06.12.1997 (No/estt/resion/85/97/1170.08) issued by the Central Pension Accounting Office, Govt. of India, New Delhi, and to ensure release of all other admissible retirement benefits in accordance with law at the earliest preferably within 3 months from the date of receipt of copy of this order and payment of pension to the petitioner shall remain in continuity as envisaged under the

relevant rules.

8. Stay application as well as all other pending applications,