2001 (3) TMI 1087 - SC - Indian Laws

Summary

Issues Involved:
1. Eligibility of BSF personnel for pension/pensionary benefits after resignation with ten or more years but less than 20 years of service.
2. Interpretation of Rule 19 of the BSF Rules, 1969.
3. Applicability of the Central Civil Services (Pension) Rules, 1972.
4. Validity and implications of the Government Order dated 27th December 1995.

Detailed Analysis:

1. Eligibility of BSF Personnel for Pension/Pensionary Benefits:
The primary issue was whether BSF members who resigned after serving for ten or more years but less than 20 years are entitled to pension/pensionary benefits under the BSF Act, BSF Rules, or the CCS (Pension) Rules. The Court concluded that members of the BSF who resigned before completing 20 years of service are not entitled to pensionary benefits under any of the provisions of the CCS (Pension) Rules. Rule 19 of the BSF Rules does not create any right to pension but merely allows resignation without penal consequences.

2. Interpretation of Rule 19 of the BSF Rules, 1969:
Rule 19 allows the Central Government to permit resignation under special circumstances before the attainment of the retirement age. The proviso to Rule 19 empowers the Government to:
- Require the officer to refund the cost of training.
- Make a reduction in the pension or other retirement benefits if the officer is eligible.

The Court emphasized that Rule 19 does not confer any right to pension but provides a mechanism for resignation without penal consequences. The Government has discretionary power to accept or reject resignations and impose conditions related to training costs and pension reductions.

3. Applicability of the Central Civil Services (Pension) Rules, 1972:
The Court analyzed the CCS (Pension) Rules and clarified that these rules govern the grant of pension to BSF members. Under Rule 49 of the CCS (Pension) Rules:
- Pension is granted to government servants retiring after completing 33 years of service or 20 years in cases of voluntary retirement.
- Resignation before completing 20 years of service does not entitle the individual to pensionary benefits.
- Rule 26 explicitly states that resignation entails forfeiture of past service unless it is to take up another government appointment with proper permission.

The Court concluded that the CCS (Pension) Rules do not provide for pensionary benefits for members who resign before completing 20 years of service.

4. Validity and Implications of the Government Order dated 27th December 1995:
The Government Order (G.O.) dated 27th December 1995 was scrutinized to determine if it conferred any additional pensionary benefits. The G.O. stated that members of the BSF are entitled to pensionary benefits on resignation under Rule 19 if they fulfill the requisite service conditions and eligibility criteria. However, the Court clarified that the G.O. does not supplement or substitute the statutory rules. It merely reiterates that pensionary benefits are subject to eligibility under the CCS (Pension) Rules.

The Court held that the G.O. does not confer any additional right to pension for BSF members who resigned before completing the qualifying service of 20 years.

Conclusion:
The Supreme Court allowed the appeals and set aside the impugned orders, concluding that BSF personnel who resigned after completing more than 10 years but less than 20 years of service are not entitled to pensionary benefits under the BSF Rules or the CCS (Pension) Rules. The G.O. dated 27th December 1995 does not alter this position. The Court emphasized that erroneous interpretations of rules should not be perpetuated and that statutory provisions must be adhered to strictly.