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Issues: Whether members of the Border Security Force who resigned after completing more than ten years but less than twenty years of service were entitled to pensionary benefits under the Border Security Force Act, 1968, the Border Security Force Rules, 1969, the Central Civil Services (Pension) Rules, 1972, or the Government order dated 27.12.1995.
Analysis: Section 8 of the Border Security Force Act, 1968 places a restriction on resignation during the term of engagement except with prior written permission. Rule 19 of the Border Security Force Rules, 1969 permits resignation in special circumstances and allows the competent authority, where the officer is otherwise eligible for pension, to reduce pensionary benefits; it does not itself create a right to pension. Under the Central Civil Services (Pension) Rules, 1972, pension is linked to retirement in the modes recognised by those rules, while Rule 26 provides that resignation entails forfeiture of past service unless the exception in the rule applies. Rule 49 is only a computation provision and does not confer pension where the underlying right is absent. The Government order dated 27.12.1995 was held to be only clarificatory and not a source of additional pensionary entitlement contrary to the statutory rules.
Conclusion: Members of the Border Security Force who resigned before completing the qualifying service required for pension under the Central Civil Services (Pension) Rules, 1972 were not entitled to pensionary benefits merely because their resignation was accepted or because of the Government order dated 27.12.1995.
Final Conclusion: The appeals succeeded and the orders directing payment of pensionary benefits were set aside, as no pension right arose from resignation in the absence of eligibility under the governing pension rules.
Ratio Decidendi: A resignation accepted under the Border Security Force Rules does not by itself create a right to pension; pension can be claimed only if the employee is otherwise eligible under the statutory pension rules, and administrative instructions cannot enlarge that entitlement.
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