Government of India, Director General, The Director General and The Inspector General, Border Secutiry Force vs P.C. Paul

P.R. Ramachandra Menon, J.—The issue involved in this case is, whether the respondent herein is entitled to get pension under the BSF Rules notwithstanding the fact that the respondent does not have the requisite qualifying service.

The Original Petition filed by the respondent, seeking for such benefit, was dismissed, stating that the petitioner (respondent herein) was not entitled to get the pension in view of the decision rendered by the Apex Court in Union of India v. Surendran Nair (2001 (2) KLT 125). However, a further observation was made by the learned Single Judge that, the said verdict would not stand in the way of the Writ Petitioner to have the claim for ''gratuity'' adjudicated, aggrieved of which, the respondents in the Writ Petition have preferred this Writ Appeal.

Sri. T.P.M. Ibrahim Khan, Assistant Solicitor General of India, appearing for the appellants submits that, the issue has attained finality, by virtue of the law declared by the Hon''ble Supreme Court in Raj Kumar and Others Vs. Union of India (UOI) and Another, ). The position in this regard is fairly conceded by the learned Counsel Sri. N. Asok Kumar, appearing for the respondent as well

In the above circumstances, no further adjudication is necessary. The Writ Appeal is allowed and the Original Petition is dismissed. No cost.