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1 - 6 of 6 (1.22 seconds)Union Of Indian & Ors vs Lt. Col. P. S. Bhargava on 10 January, 1997
Reliance has also been placed upon
the judgment of the Supreme Court in the case of Union of India and
Ors. v. Lt. Col. P.S. Bhargava, (1997) 2 SCC 28, in support of his
submission that even in the case of resignation, an employee is entitled
to pension.
Union Of India And Ors vs Union Of India & Anr. Air 1989 1215 ... on 19 August, 2010
In any case, even if anyone has
been given pensionary benefits post December 27, 1995, the issue
having been settled by the Supreme Court in Rakesh Kumar and Ors.
(supra), to the effect that personnel of the BSF, who have tendered
voluntary resignation and not completed qualifying service of 20 years
are not entitled to the pensionary benefits, this plea of the learned
counsel for the petitioner is liable to be rejected.
Union Of India & Ors vs Madhu E.V. & Anr on 26 April, 2012
15. The judgment of the Rakesh Kumar and Ors. (supra) has been
followed by the Supreme Court in its subsequent judgment in the case
of Union of India v. Madhu E.V. and Ors., MANU/SC/0342/2012,
wherein the Supreme Court has held as under:
Union Of India & Ors vs Rakesh Kumar & Ors on 24 March, 2017
In view of the decisions of this Court in Union of
India and Ors. v. Rakesh Kumar (supra) and Raj Kumar
& Others v. Union of India and Another (supra), the
legal position that emerges is this : Rule 19 of the BSF
Signature Not Verified
Digitally Signed
By:ANIL KUMAR W.P.(C) 6404/2024 Page 13
Signing Date:07.05.2024
16:15:13
Rules does not entitle any pensionary benefits on
resignation of its personnel. The pensionary benefits are
not ordinarily available on resignation under CCS
(Pension) Rules since Rule 26 provides for forfeiture of
service on resignation. However, by virtue of G.O. dated
December 27, 1995 read with Rule 19 of BSF Rules, the
member of BSF would be entitled to get pensionary
benefits if he is otherwise eligible. Such personnel must,
therefore, satisfy his eligibility under CCS (Pension)
Rules. The CCS (Pension) Rules do not provide that a
person who has resigned before completing 20 years of
service is entitled to the pensionary benefits. Rule 49
only prescribes the procedure for calculation and
quantification of pension amount and not the minimum
qualifying service.
Baldev Raj Sapra vs Union Of India & Ors on 22 October, 2018
In view of the decisions of this Court in Union of
India and Ors. v. Rakesh Kumar (supra) and Raj Kumar
& Others v. Union of India and Another (supra), the
legal position that emerges is this : Rule 19 of the BSF
Signature Not Verified
Digitally Signed
By:ANIL KUMAR W.P.(C) 6404/2024 Page 13
Signing Date:07.05.2024
16:15:13
Rules does not entitle any pensionary benefits on
resignation of its personnel. The pensionary benefits are
not ordinarily available on resignation under CCS
(Pension) Rules since Rule 26 provides for forfeiture of
service on resignation. However, by virtue of G.O. dated
December 27, 1995 read with Rule 19 of BSF Rules, the
member of BSF would be entitled to get pensionary
benefits if he is otherwise eligible. Such personnel must,
therefore, satisfy his eligibility under CCS (Pension)
Rules. The CCS (Pension) Rules do not provide that a
person who has resigned before completing 20 years of
service is entitled to the pensionary benefits. Rule 49
only prescribes the procedure for calculation and
quantification of pension amount and not the minimum
qualifying service.
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