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    <title>2006 (1) TMI 637 - Supreme Court</title>
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    <description>Pension for BSF personnel could not be claimed merely on the basis of the 27.12.1995 circular, because the circular created no independent right and entitlement remained governed by the Central Civil Services (Pension) Rules, 1972. Resignation under the BSF Rules did not confer pension where statutory conditions were not otherwise satisfied, and no estoppel operated against the statute. The Court distinguished limited factual categories: personnel capable of re-induction had to satisfy re-induction conditions and refund amounts drawn where applicable, while those unable to be re-inducted due to age or incapacity were not allowed to continue receiving pension but were protected against recovery of pension already paid. For long-paid pensioners, Article 142 relief preserved pension and barred recovery to avoid hardship.</description>
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    <pubDate>Wed, 04 Jan 2006 00:00:00 +0530</pubDate>
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      <title>2006 (1) TMI 637 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=188477</link>
      <description>Pension for BSF personnel could not be claimed merely on the basis of the 27.12.1995 circular, because the circular created no independent right and entitlement remained governed by the Central Civil Services (Pension) Rules, 1972. Resignation under the BSF Rules did not confer pension where statutory conditions were not otherwise satisfied, and no estoppel operated against the statute. The Court distinguished limited factual categories: personnel capable of re-induction had to satisfy re-induction conditions and refund amounts drawn where applicable, while those unable to be re-inducted due to age or incapacity were not allowed to continue receiving pension but were protected against recovery of pension already paid. For long-paid pensioners, Article 142 relief preserved pension and barred recovery to avoid hardship.</description>
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      <pubDate>Wed, 04 Jan 2006 00:00:00 +0530</pubDate>
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