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 ... General, B.S.F. (Personnel) in
the matter of admissibility of pensionary benefits on
acceptance of resignation under Rule 19 of the Rules
port, railway company or shop are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this ... employee or class of employees are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act.] [ Inserted
change the conditions of service unilaterally. Terminal benefits as well as
pensionary benefits constitute conditions of service. The employer has the
undoubted power to revise ... terminal benefits/pensionary benefits. The power to specify a date from
which the revision of pay scales or terminal benefits/pensionary benefits,
as the case
retain the Provident Fund benefits or to
switch over to the pensionary benefits. The petitioners had
opted for Contributory Provident Fund Scheme.
The petitioners ... case is that till 1.4.1957 or even
sometime thereafter, the pensionary benefits and the alter-
native Contributory Provident Fund benefits were considered
to be more
propose to be members of such pension scheme, where the pensionary benefits are at par or more favorable than the Pension Scheme under this
propose to be members of such pension scheme, where the pensionary benefits are at par or more favourable than the Pension Scheme under this
open to the respondent authorities to deny
the appellant pensionary benefit only on the ground that when
be retired in 1984 after his resignation, even ... Central Government form a class for the purpose of
pensionary benefits and there could not be
miniclassification within the class designated as
pensioners
pretext that they had opted for pensionary
benefits in lieu of gratuity. It appears that on behalf of
the Association applications were sent ... gratuity. The bank
further asserted that the employees opted for the
pensionary benefits which, admittedly, are better in
terms as found by various Awards that
from the service on 28.2.2001. The appellants
computed respondent's pensionary benefits by taking
into account only the services rendered by him on
regular ... grant of benefit of work-charge service
towards pensionary benefits. The said letter of 6.8.1993
is reproduced as under:-
"From :
The Additional Secretary,
Haryana
past service rendered
by them for the purpose of conferment of pensionary benefits along with the service
rendered by them after regularisation. Another Division Bench ... basis prior to their regularisation, for the purpose of conferment
of pensionary benefits. Thus, this contrary view taken by two Division Bench of this
Court