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CASE NO.: Appeal (civil) 6166  of  1999 Appeal (civil)  2121     of  2000 Appeal (civil)  2491-2492        of  2001

PETITIONER: UNION OF INDIA & ORS.

       Vs.

RESPONDENT: RAKESH KUMAR

DATE OF JUDGMENT:       30/03/2001

BENCH: M.B. Shah & K.G. Balakrishnan

JUDGMENT:

Shah, J.

       Leave granted in S.L.P.(C) Nos.16644-45 of 1999. L...I...T.......T.......T.......T.......T.......T.......T..J

   The  question  involved  in   these  appeals  iswhether members  of  BSF  who have resigned from their  posts  after serving  for  ten or more years but less than 20  years  are entitled  to pension/pensionary benefits under the  relevant provisions   of   the  Border   Security  Force  Act,   1968 (hereinafter  referred  to as the BSF Act) and the  Border Security  Force Rules, 1969 (hereinafter referred to as the BSF  Rules) or the Central Civil Services (Pension)  Rules, 1972 (hereinafter referred to as the CCS (Pension) Rules)?

   Brief  facts  of  Civil  Appeal   No.6166  of  1991  are thatrespondent  filed  Civil Writ Petition No.761  of  1998 before  the High Court of Himachal Pradesh praying for  writ directing  the  appellants to forthwith release the  pension due  to  the  respondent  w.e.f.  1st March,  1994  and  for release of past arrears of pension with interest.  It is the case  of  the respondent that he joined the Border  Security Force  (hereinafter referred to as BSF) as a constable  on 15.1.1981  and  continued  to serve till  he  submitted  his resignation  on  11.2.1994, after rendering 12 years  and  8 months of service.  His resignation was accepted on 1.3.1994 under Rule 19 of the BSF Rules.

   Thereafter,  the  Government of India, Ministry of  Home Affairs issued G.O.  dated 27th December, 1995 conveying its decision  to the Directorate General, B.S.F.  (Personnel) in the  matter  of  admissibility  of  pensionary  benefits  on acceptance  of resignation under Rule 19 of the Rules.   The G.O.   was  passed to finalise the claims made by number  of Ex.   BSF  personnel for getting the pensionary benefits  on acceptance of their resignation under Rule 19.  On the basis of  the  aforesaid  G.O.,   respondent  represented  to  the Inspector  General,  BSF  on 2nd April, 1996  for  grant  of pensionary benefits.  Finally, after receipt of legal notice

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under  Section 80 of CPC, the competent authority passed the following   order  No.     3563/(PF.RK)/97-Est.II/42328   on 3.5.1997:  -

   In   partial   modification  of   this   office   order No.3411/Estt.-II/94/239 dated 28th Feb.,1994 and as approved by Competent Authority, No.810050310 Ex-Naik Rakesh Kumar of I  of  A,  BSF  Academy  Tekanpur  is  hereby  allowed  full pensionary  benefits  as admissible under  rules  consequent upon  his  resignation from BSF service, which was  accepted w.e.f.   1st  March,  1994  (FN)  Rule  19  of  BSF  Rules.

   (Emphasis added)

   However,  as the pension was not released the respondent was  required  to approach the High Court.  The  High  Court allowed the petition and directed the competent authority to quantify  the  pensionary benefits which the respondent  was entitled  to from the date of his retirement i.e.  1.3.1994. That order is challenged in this appeal.

   Similar  directions are issued on 22nd July, 1999 by the High  Court  of Himachal Pradesh in Writ Petition No.783  of 1998 which are challenged in Civil Appeal NO.2121 of 2000.

   In  Civil Appeal No._________of 2001 arising out of  SLP (Civil)  Nos.16644-45,  it  is the case of  respondent  P.K. Surendran Nair that he was enrolled in BSF in May, 1970.  He resigned  from the service and his resignation was  accepted with  effect  from  24.1.1981  after  completing  more  than 10-years  of service.  At that time pensionary benefits were not  granted to him.  He submitted representation for  grant of  pension.  By order dated 19.2.1997, competent  authority sanctioned  full pensionary benefits as admissible under the rules  w.e.f.   24.1.1981.  As the pensionary benefits  were not  released in favour of the respondent, he approached the High  Court of Kerala by filing OP No.17228 of 1998  praying for  a  direction to the appellants to  disburse  pensionary benefits.   The High Court by interim order dated 15.10.1998 directed  the appellants to disburse pensionary benefits  to the  respondent pending disposal of the writ petition.  That order  was  challenged  in  W.A.  No.2648  of  1998.   After hearing  the  parties,  by the impugned judgment  and  order dated 4.3.1999, the Division Bench dismissed the writ appeal by  holding  that the authority has sanctioned full  pension for  the  service rendered by the respondent in the  BSF  in accordance with Rule 19 of the BSF Rules and there cannot be any  legal impediment for disbursing the same.  Against that order, the present appeal is filed.

   The  learned  Additional Solicitor General Mr.   Rohtagi appearing for the Union of India submitted that the impugned orders  passed by the High Courts are erroneous as the  same misinterpret Rule 19 of the BSF Rules.  It is his contention that  neither the Act nor the rules make provision for grant of  pension.  The proviso to Rule 19 empowers the Government to  impose  two different penalties if it chooses to  permit resignation.   The two penalties provided in sub-clause are: (i) the officer is required to refund to the Government such amount  as  would constitute the cost of training  given  to that  officer;   or (ii) it may make such reduction  in  the pension  or other retirement benefits of the officer if  so eligible  as  the  Government may consider to be  just  and

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proper  in  the circumstances.  The grant of pension to  the member  of  the BSF is governed by the CCS (Pension)  Rules. It  is his submission that in case resignation of member  of the  Force is accepted it would not mean that he has retired from  service.   Resignation  would mean  voluntary  act  of quitting  the  job/service and implies that employee  though fit  in all respects decides to quit and leave the  service. As against this, retirement implies a tenure although it may not  be  a  full  tenure having completed  in  the  job  and thereafter  employee leaves the service.  Retirement can  be at  the  age  of superannuation,  compulsory  retirement  or retirement  on exigencies like becoming invalid etc.  It  is his  submission  that resignation of an employee  would  not mean  that  he has retired at the age of  superannuation  or there  is  premature retirement which may be  compulsory  or because  of  other  exigencies and, therefore, there  is  no question  of grant of any pension to the employee under  the CCS (Pension) Rules.

   The  learned counsel appearing on behalf of  respondents however submitted that Rule 19 is interpreted by the Central Government  by  issuing  GO dated 27th December,  1995.   It clarifies  that  in case of acceptance of resignation of  an employee  after lapse of 10 years of service he is  entitled to get pension.  May be that, competent authority may reduce some  part  of  the  pension under proviso  to  Rule  19  on resignation  being  accepted.  In any case,  appellants  are estopped  from  contending  that  the  respondents  are  not entitled to get pensionary benefits in view of the G.O.

   In  these  matters,  learned  counsel  for  the  parties accepted  that  for grant of pension members of the BSF  are governed  by  the  CCS (Pension)  Rules.   However,  learned counsel for the respondents submitted that Pension Rules are subject to Rule 19 of the BSF Rules and, therefore, they are entitled  to  get  pensionary benefits on the  basis  of  GO issued  by the Central Government as well as specific orders passed by the competent authority.  It is also stated by the learned  Additional  Solicitor General that  from  14.1.1998 proviso to Rule 19 stood deleted.

   For  appreciating the contentions raised by the  learned counsel  for  the parties it would be necessary to refer  to Section  8 of the BSF Act and Rule 19 of the Rules which are as under:

   Section 8.Resignation and withdrawal from the post.No member of the Force shall be at liberty,

   (a)  to  resign his appointment during the term  of  his engagement;  or

   (b) to withdraw himself from all or any of the duties of his appointment,

   except  with  the previous permission in writing of  the prescribed authority.

   Rule  19.Resignation.(1) The Central Government  may, having  regard  to  the special circumstances of  any  case, permit  any  officer of the Force to resign from  the  Force before  the  attainment of the age of retirement  or  before putting  in  such  number  of years of  service  as  may  be necessary under the rules to be eligible for retirement:

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Provided that while granting such permission the Central Government may:

   (a) require the officer to refund to the Government such amount  as  would constitute the cost of training  given  to that officer;  or

   (b)  make  such  reduction  in   the  pension  or  other retirement  benefits  of the officer if so eligible as  that Government  may  consider  to  be just  and  proper  in  the circumstances.

   (2)  The  Central Government may accept the  resignation under  sub-rule  (1)  with effect from such date as  it  may consider expedient:

   Provided  that  it shall not be later than three  months from the date of receipt of such resignation.

   (3)  The  Central  Government may refuse  to  permit  an officer to resign

   (a)  if  an emergency has been declared in  the  country either  due to internal disturbances or external aggression; or

   (b) if it considers it to be inexpedient so to do in the interests of the discipline of the Force;  or

(c) if the officer has specifically undertaken to serve for a specific period and such period has been not expired.

   (4)  The  provisions of this rule shall apply to and  in relation  to  Subordinate Officers and Enrolled  Persons  as they  apply  to and in relation to any officer of the  Force and  the  powers  vested  in the  Central  Government  under sub-rules  (1)  and (2) shall be exercised in the case of  a Subordinate Officer by a Deputy Inspector-General and in the case  of  an  Enrolled Person by  a  Commandant.

   (Emphasis added)

   Bare reading of Section 8 of the Act makes it clear that no  member of the BSF will have right to resign except  with prior  permission  in writing of the  prescribed  authority. The language is prohibitory and the member of the BSF is not having  liberty  to resign from his appointment  during  the term  of  his engagement, however, the prescribed  authority may  permit  the  member  of the BSF to  resign  in  certain special circumstances.  Rule 19 does not create any right to pension.   It is intended to enable members of BSF to resign from  force without attracting any penal consequences.   For that, Rule 19 provides that Central Government having regard to  the  special  circumstances of any case may  permit  any officer  of the force to resign before the attainment of the age  of retirement or before putting in such number of years of  service  as  may  be necessary under  the  Rules  to  be eligible  for retirement.  Discretionary powers are given to the  authority to accept or reject the resignation.  Proviso to  Rule  19(1)  empowers   the  Central  Government,  while granting  permission  to resign, to require the  officer  to refund to the Government such amount as would constitute the cost  of  training given to that officer.  Further,  if  the officer  is  eligible  to get pension  or  other  retirement

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benefits,  rules empower the Government to make reduction in the pension or other retirement benefits.

   The next step isonce it is accepted that members of the BSF  are  governed  by  the CCS (Pension)  Rules,  then  the question  iswhether a member is entitled to get pension  on his  resignation  before compulsory age of retirement or  20 years  of service or if he retires or is retired at the  age of  30/33  years of qualifying service.  The scheme  of  the said  Rules  provides that normally a government servant  is entitled  to get pensionary benefits after he retires at the age  of  superannuation.  There are exceptions for grant  of pensionary  benefit  in  cases   where  government   servant voluntarily  retires after completing 20 years of qualifying service  and  also retires after completing 30/33  years  of qualifying service, invalid pension or compensate pension or on compassionate grounds etc.  Chapter V deals with grant of pensions and the conditions for such grants.  As per Rule 35 superannuation  pension  is  to be granted to  a  government servant  who retires on his attaining the age of  compulsory retirement.    Retiring  pension  is   further  given  to  a government  servant who retires or is retired in advance  of age   of  compulsory  retirement  in  accordance  with   the provisions  of  Rule  48  after   completing  30  years   of qualifying  service or Rule 48-A of the CCS (Pension)  Rules or  Rule  56 of the Fundamental Rules or Article 459 of  the Civil   Service  Regulations.   Rule   48-  A  provides  for voluntary retirement after completion of 20 years qualifying service  after giving three months notice in writing to  the appointing authority and if such notice is accepted he would get  retiring  pension.   Thereafter, Rule 49  provides  for method  of  calculation  of  amount   of  pension  to   such government  servant.   Relevant parts of the  CCS  (Pension) Rules for grant of pension are as under:  -

   35.   Superannuation  Pension A superannuation  pension shall  be granted to a Government servant who is retired  on his attaining the age of compulsory retirement.

36.     Retiring Pension.

       A retiring pension shall be granted

   (a)  to a Government servant who retires, or is retired, in advance of the age of compulsory retirement in accordance with  the  provisions of Rule 48 or 48-A of these rules,  or Rule 56 of the Fundamental Rules or Article 459 of the Civil Service Regulations;  and

   (b)  to  a  Government servant who,  on  being  declared surplus,  opts  for voluntary retirement in accordance  with the provisions of Rule 29 of these rules.

   48.   Retirement  on completion of 30 years  qualifying service.

   (1) At any time after a Government servant has completed thirty years qualifying service

   (a) he may retire from service, or

   (b) he may be required by the appointing authority  to retire in the public interest, and in the case of such retirement the Government servant shall be entitled to a retiring pension:

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Provided

48-A.    Retirement on completion of 20 years qualifying service.

   (1) At any time after a Government servant has completed twenty  years qualifying service, he may, by giving  notice of  not less than three months in writing to the  appointing authority, retire from service.

       Provided

On behalf of respondents, heavy reliance is placed on Rule 49 which reads thus:

49.  Amount of Pension.

   (1)  In  the  case of a Government servant  retiring  in accordance  with  the  provisions  of  these  rules   before completing  qualifying  service of ten years, the amount  of service  gratuity  shall be calculated at the rate  of  half months emoluments for every completed six monthly period of qualifying service.

   (2)  (a) In the case of a Government servant retiring in accordance   with  the  provisions  of  these  rules   after completing  qualifying service of not less than thirty-three years,  the  amount of pension shall be calculated at  fifty per cent of average emoluments, subject to a maximum of four thousand and five hundred rupees per mensem.

   (b)   In  case  of  a  Government  servant  retiring  in accordance  with  the  provisions  of  these  rules   before completing  qualifying  service of thirty-three  years,  but after completing qualifying service of ten years, the amount of  pension shall be proportionate to the amount of  pension admissible  under  clause (a) and in no case the  amount  of pension  shall  be  less  than   Rupees  three  hundred  and seventy-five per mensem.

(c) Notwithstanding anything contained in Clause (a) and Clause (b) the amount of invalid pension shall not be less than the amount of family pension admissible under sub- rule (2) of Rule 54.

   (3)  In  calculating the length of  qualifying  service, fraction  of a year equal to three months and above shall be treated  as  a  completed  one  half-year  and  reckoned  as qualifying service.

(4)  ...

   Aforesaid  procedure  under Rule 49, is for  calculating and  quantifying  the amount of pension which  a  government servant is entitled to if he retires on superannuation or if he  retires or is retired after completion of 30 or 33 years of  service or voluntarily retires after completing 20 years of qualifying service and provides:

   (a) If the qualifying service is less than 10 years, the government  servant would not be entitled to get pension but he  would  be  entitled  to receive the  amount  of  service gratuity.

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   (b)  If he has completed qualifying service of not  less than  33 years, the amount of pension is to be calculated at 50%  of  the  average  emoluments  subject  to  the  maximum provided therein.

   (c)  In  case  of  government  servant  retiring  before completing  qualifying  service  of  33  years,  but   after completing  qualifying  service  of 10 years, he  would  get pension  which  would  be  proportionate to  the  amount  of pension admissible under clause (a).

   (d) The minimum amount of pension shall not be less than Rs.375/- per month.

   (e)  Invalid  pension  also shall not be less  than  the amount  of  family pension admissible under sub-rule (2)  of rule 54.

   On  the  basis  of Rule 49, it has been  contended  that qualifying  service for getting pension would be ten  years. In  our  view,  this  submission   is  without  any   basis. Qualifying  service  is  defined  under Rule  3(q)  to  mean service  rendered while on duty or otherwise which shall  be taken  into  account  for  the   purpose  of  pensions   and gratuities  admissible under these rules.  Rule 13  provides that  qualifying  service by a government servant  commences from  the  date  from which he takes charge of the  post  to which  he  is first appointed either substantively or in  an officiating  or  temporary  capacity.    This  rule  nowhere provides  that qualifying service for getting pension is  10 years.  On the contrary, there is specific provision that if a  government  servant retires before completing  qualifying service  of  10  years because of his attaining the  age  of compulsory  retirement,  he would not get pension but  would get the amount of service gratuity calculated at the rate of half  months  emoluments  for every  completed  six  monthly period  of qualifying service.  In these appeals, we are not required  to  consider  other   conditions  prescribed   for qualifying  service  as  it  is  admitted  that  respondent- members  of  the  BSF have completed more than 10  years  of qualifying   service.   Further  clause   2(a)  of  Rule  49 specifically  provides for grant of pension if a  government servant  retires after completing qualifying service of  not less  than  33  years.   The  amount of  pension  is  to  be calculated  fifty per cent of average emoluments subject  to maximum  provided  therein.   Clause 2(b)  upon  which  much reliance  is  placed indicates that in case of a  government servant  retiring  in accordance with the provisions of  the Rules  before completing qualifying service of 33 years, but after  completing  qualifying  service  of  ten  years,  the pension  shall  be  proportionate to the amount  of  pension admissible  under  clause (a) and in no case, the amount  of pension  shall be less than Rs.375/- per month.  This  would only  mean that in case where government servant retires  on superannuation i.e.  the age of compulsory retirement as per service  conditions or in accordance with the CCS  (Pension) Rules,  after completing 10 years of qualifying service,  he would  get pension which is to be calculated and  quantified as  provided under clause (2) of Rule 49.  This clause would cover  cases  of retirement under Rules 35 and 36, that  is, voluntary  retirement after 20 years of qualifying  service,

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compulsory  retirement  after prescribed age and such  other cases  as  provided  under  the Rules.   However,  this  has nothing  to do with the quitting of service after  tendering resignation.   It  is also to be stated that Rule 26 of  CCS (Pension)  Rules specifically provides that resignation from a  service or post entails forfeiture of past service unless resignation is submitted to take up, with proper permission, another  appointment  under  the  government  where  service qualifies.  Hence, on the basis of Rule 49 member of BSF who has  resigned  from his post after completing more  than  10 years of qualifying service but less than 20 years would not be  eligible  to get pensionary benefit.  There is no  other provision  in the CCS (Pension) Rules giving such benefit to such government servants.

   The  learned counsel for the respondents however  relied upon the G.O.  dated 27.12.1995 issued by the Government and submitted  that  on  the basis of the  aforesaid  G.O.,  the competent  authority  has passed an order  granting  pension and, therefore, the High Court was right in giving direction to  the  Government to release the pension.  It  is  further submitted  that after interpreting Rule 19 of the BSF Rules, the  Government has power to grant pension to the member  of BSF   who  is  permitted  to   resign  because  of   special circumstances.  Special circumstances may be that the member might  have  become  invalid  to   render  service,  so  his resignation is accepted.  It is also submitted that once the Government  has  issued  administrative  instructions  which supplement  existing  Rules specifically for the members  of the  BSF,  it cannot be said that the said G.O.  is  against the statutory rules and, therefore, it is not binding on the Government.   For this purpose, reliance is placed on Rule 6 which reads thus:  -

   6.   Case  unprovided for.In regard to any matter  not specifically provided for in these rules, it shall be lawful for  the  competent authority to do such thing or take  such action as may be just and proper in the circumstances of the case.

   As  against  this,  the   learned  Additional  Solicitor General  submitted  that  G.O.  nowhere provides  that  such members  are entitled to pensionary benefits if they are not eligible.   He  submitted that if the interpretation of  the rules  given  by  the  competent authority  is  against  the statutory rules then it is not binding on the Government and any subsequent order based on such G.O.  would be illegal.

   In  our view, there cannot be any doubt that  Government cannot amend or substitute statutory rules by administrative instructions,  but if the rules are silent on any particular point,  the  Government can fill up the gaps and  supplement the  rules by issuing instructions not inconsistent with the rules.   Government also can confer certain benefits on  its employees  by administrative order.  For finding out whether by  the G.O.  dated 27.12.1995 the Government has  conferred certain  benefits on the members of the BSF, we would  refer to it as a whole, which is as under:  -

To All Frontier Border All SHO BSF including DIG (HQ) New Delhi All Trg. Institutions TSU/Cenwosto/CSMT/Signal Regt./ HQ Arty/SIW/SRO

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All Bns BSF All Arty Regts BSF

Sub:    GRANT OF PENSIONARY BENEFITS ON RESIGNATION UNDER RULE 19 OF THE BSF RULES, 1969.

   Attention  is invited to this HQ letter  No.F35036/3/78- Staff/BSF/  dated 4th November, 1981 conveying the  decision of   the  Ministry  of  Home   Affairs  in  the  matter   of admissibility  of  pensionary  benefits   on  acceptance  of resignation under Rule 19 of the BSF Rules, 1969.

   2.   In  this connection the undersigned is directed  to inform  that the matter was again referred to the Government to review their decision in order to give pensionary benefit to members of the BSF on tendering resignation under Rule 19 of  the  BSF Rules, 1969.  The Ministry of Home  Affairs  in consultation  with  the Department of Pension  &  Pensioners Welfare  has agreed to our proposal and decided not to amend rule  19  of  the BSF Rules, 1969 till  such  time  separate Pension  Rules  for  the  BSF  Personnel  are  framed.   The Government has also agreed to our views that a member of the Force  is entitled to get pensionary benefits on resignation under  Rule  19  of the said Rules provided he  has  put  in requisite  number of years of service and fulfills all other eligibility conditions.

   3.  A number of Ex-BSF personnel have filed petitions in various  Courts of Law claiming for the grant of pension  on their  resignation from service under the provisions of rule 19 of the BSF Rules, 1969.  Besides this a number of notices under section 80 CPC are also being received in this regard.

   4.   Rule 19(1) of the BSF Rules, 1969 provides that the competent   authority   may,  having   regard   to   special circumstances of case permit a member of the Force to resign from the Force before attainment of the age of retirement or before  putting in such number of years of service as may be necessary  under  the rules to be eligible  for  retirement. The  authority  competent to grant such permission  is  also empowered  to  make such reductions in the pension or  other retirement  benefits of a member of the Force if so eligible as  it may consider just and proper in the circumstances  of the case.

   5.   In  view of the provisions contained in rule 19  of the  BSF Rules, 1969 as mentioned in Para 4 above and  based on the approval of the MHA as per para 2 above in future the authorities  who  accept the resignation of a member of  the Force shall specify in the order the reduction to be made in the  pension  if  any  as per the  provisions  contained  in provision  (ii)  to rule 19(i) of the BSF Rules,  1969.   In case  no such reduction is specified in the order  regarding acceptance  of resignation it would imply that no  reduction in the pension has been made.

   6.   In order to decide all pending cases including  the ones  which are presently under adjudication it is incumbent on  all  authorities  to undertake thorough  review  of  all pending  cases.   For  this  purpose  cases  of  resignation accepted  in  respect of members of the Force who  have  not been  allowed pensionary benefits will be reviewed and  pass necessary  orders  within the shortest possible time  limit. In this regard Frontier is G and Heads of Trg.  Institutions

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will  ensure that these instructions have been complied with by  the  Units/Establishments   under  their  administrative control.

   The  aforesaid  G.O.   makes it clear that there  was  a demand  for grant of pensionary benefit on acceptance of the resignation  under  Rule 19 and that demand was accepted  by the  Government.   Paragraph 2 of the G.O.  makes  it  clear that  Government  has  agreed  that member  of  the  BSF  is entitled  to  get pensionary benefits on  resignation  under Rule  19 provided he has put in requisite number of years of service  and  fulfills  all  other  eligibility  conditions. Paragraph  only reiterates Rule 19.  It also clarifies  that authority  competent  to grant permission to resign is  also empowered  to make reduction in pension if the member of the BSF  is eligible to get such pension.  Paragraph 5  provides that  in  future  the competent authority  who  accepts  the resignation  would specify in order the reduction to be made in  the pension if any and if no such reduction is specified in  the  order,  it  would imply that no  reduction  in  the pension  has  been made.  Under paragraph 6, directions  are issued  for pending cases where resignation was accepted but pensionary  benefits  were  not  allowed  and  provide  that necessary  orders should be passed within shortest  possible time.   Reading the aforesaid G.O.  as a whole, it no  where reveals  Governments  intention  to confer  any  additional pensionary  benefit  to the members of the BSF  who  retired before  completing  the  requisite   qualifying  service  as provided   under  the  CCS   (Pension)  Rules.   It  neither supplements  nor substitutes the statutory rules.  The  G.O. read  with Rule 19 of the BSF Rules would only mean that  in case  of  resignation  and its acceptance by  the  competent authorities,  the member of the BSF would be entitled to get pensionary  benefits if he is otherwise eligible for getting the  same  under the CCS (Pension) Rules and to that  extent Rule  26  which  provides  for   forfeiture  of  service  on resignation  would  not be applicable.  Hence, there  is  no substance  in the contention of the learned counsel for  the respondents  that  in view of the G.O.  or  specific  orders passed   by  the  competent   authority  granting   pension, appellants  are estopped from contending that such  officers are  not  entitled  to get pensionary benefits.   As  stated above,  the  G.O.  does not confer any  additional  benefit. Even  the specific order which is quoted above in favour  of Naik  Rakesh  Kumar, the authority has stated that he  would get  pensionary  benefits  as admissible  under  the  Rules. Under the Rules, he is not entitled to get such benefits.

   Learned  counsel  for the respondents submitted that  on the  basis of G.O., number of persons are granted pensionary benefits  even  though they have not completed 20  years  of service,  and,  therefore, at this stage, Court  should  not interfere  and  see that the pensionary benefits granted  to the  respondents are not disturbed and are released as early as  possible.  In our view, for grant of pension the members of  BSF are governed by CCS (Pension) Rules.  CCS  (Pension) Rules  nowhere provide that a person who has resigned before completing  20 years of service as provided in Rule 48-A  is entitled  to pensionary benefits.  Rule 19 of the BSF  Rules also  does  not make any provision for grant  of  pensionary benefits.   It  only provides that if a member of the  force who  resigns and to whom permission in writing is granted to resign  then  the  authority granting  such  permission  may reduce  the pensionary benefits if he is eligible to get the

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pension.   Therefore,  by  erroneous interpretation  of  the rules if pensionary benefits are granted to someone it would not  mean  that  the said mistake should be  perpetuated  by direction of the Court.  It would be unjustifiable to submit that  by appropriate writ, the Court should direct something which  is  contrary to the statutory rules.  In such  cases, there  is  no question of application of Article 14  of  the Constitution.  No person can claim any right on the basis of decision  which is de hors the statutory rules nor there can be any estoppel.  Further, in such cases there cannot be any consideration  on the ground of hardship.  If rules are  not providing  for  grant of pensionary benefits it is  for  the authority  to  decide and frame appropriate rules but  Court cannot  direct payment of pension on the ground of so-called hardship  likely  to be caused to a person who has  resigned without completing qualifying service for getting pensionary benefits.  As a normal rule, pensionary benefits are granted to  a  government servant who is required to retire  on  his attaining  the age of compulsory retirement except in  those cases where there are special provisions.

   In  the result, there is no substance in the  contention of the learned counsel for the respondents that on the basis of  Rule  49 of the CCS (Pension) Rules or on the  basis  of G.O.,  the  respondents  who have retired  after  completing qualifying  service  of  10   years  but  before  completing qualifying  service of 20 years by voluntary retirement, are entitled  to get pensionary benefits.  Respondents who  were permitted  to  resign from service under Rule 19 of the  BSF Rules  before  the  attainment of the age of  retirement  or before  putting  such number of years of service, as may  be necessary under the Rules, to be eligible for retirement are not  entitled to get any pension under any of the provisions under  CCS  (Pension)  Rules.  Rule 49 only  prescribes  the procedure  for  calculation  and quantification  of  pension amount.   .  The G.O.  dated 27.12.1995 does not confer  any additional right of pension on the BSF employees.

   Hence,  the  aforesaid  appeals   are  allowed  and  the impugned  orders are set aside.  There shall be no order  as to costs.