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This is an archive article published on December 23, 1999

Ex-BSF officers win pension case

NEW DELHI, DEC 22: The Delhi High Court has directed the Defence Ministry to re-fix the pension entitlement of retired BSF officers and re...

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NEW DELHI, DEC 22: The Delhi High Court has directed the Defence Ministry to re-fix the pension entitlement of retired BSF officers and release full pension benefits to them along with arrears within three months.

Justice N.G. Nandi issued this direction on a set of petitions filed by the retired officers challenging the ministry8217;s rule that denies full benefits to all those who have completed only 30 years of service. The rules entitle them to full benefits only after 33 years.

The judge also asked the Government to pay Rs 3,000 to each of the petitioners toward litigation expenses. And if the Government fails to pay up within the stipulated period, he added, the petitioners would get 12 per cent interest.

Ex-BSF Commandant S.S. Ranade, along with eight other officers who had reached the age of superannuation after putting in 30 years of service, cited several cases earlier in which full benefits were granted after 30 years of service.

According to them, while the BSF was already paying the benefitsto those who had approached the court, others who did not were being denied their due, leading to needless litigation at a considerable expense to the government exchequer and the retired officers.

The judge on December 8 also dismissed the Government8217;s argument as 8220;fallacious8221; that though Ranade had to be retired at the age of 55 against his claim of 58 on the basis of his rank, his entitlement would have to be 33 years of service.

This came in the light of the earlier petitions filed by Ranade challenging his superannuation at the age of 55. While all officers up to the rank of Commandant retire at that age, seniors work till 58 years of age. Ranade had claimed that he belonged to the latter category since his rank was that of the selection grade8217;. The petitions were, however, turned down both by the high court and the Supreme Court.

 

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