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Bsf pension has not been given

(Querist) 10 August 2016 This query is : Resolved 
My father served in Border Security Force for 12 years and resigned his job.after resignation they did not gave pension for my father.please help me.Is it possible to file a case for getting pension?
Sudhir Kumar, Advocate (Expert) 11 August 2016
not eligible for pension.
vinodhini (Querist) 11 August 2016
But In a judgement on CIVIL APPEAL NO(s) . 9647-9650 OF 2003 they said that the persons who served below 20 years also eligible for pension.
http://www.igecorner.com/supreme-court-judgement/supreme-court-judgment-ccs-pension-rules-for-bsf-personnel/

please give me a solution
Advocate/CS Sanjeev Kataria (Expert) 11 August 2016
your father is not eligible for pension. Soldiers/paramilitary persons who are medically boarded out before requisite services are entitled to receive pension. in your case, father has resigned, hence not eligible for pension.
P. Venu Online (Expert) 11 August 2016
If any further doubt, your father can obtain the information under the RTI Act.
Sudhir Kumar, Advocate (Expert) 12 August 2016
Y9our father is not having 20 years of service. even having 20 years of service resigned persons is not eligible for pension at all.

He could be given pro-rata pension only if retired prematurely on medical o disciplinary grounds.
Sudhir Kumar, Advocate (Expert) 12 August 2016
you hve not stated when did he resign?
Sudhir Kumar, Advocate (Expert) 12 August 2016
THE OPERATIVE PART OF THE JUDGEMENT QUOTED BY YOU STATED THAT

"4. In the present case, the respondents had resigned from BSF service immediately after completion of 10 years service and, therefore, they are not entitled to any pensionary benefits.

15. We, accordingly, allow these Appeals and set aside the orders dated August 25, 2000 passed by the Division Bench and dated September 29, 1999 passed by the Single Judge. We, however, observe that amount of pension paid to the respondents herein, if any, shall not be recovered"

IN THIS CASE APPARENTLY GOVT WAS AGGRIEVED AGAINST HIGH COURT ORDER GRANTING PENSIONER AND HIGH COURT ORDER IS REVERSED.


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