Petitioner, a retired BSF Head Constable, sought gratuity after voluntary resignation. The Court held resignation forfeits pensionary benefits and gratuity under BSF Rules and Apex Court precedents.
Writ petition dismissed; no direction to disburse gratuity granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941
WP(C).No.20810 OF 2016(A)
PETITIONER:
JANARDHANAN K.
AMBATTU HOUSE, KAIPILLY ROAD, NEAR MINI INDUSTRIAL ESTATE,ARIMPUR P.O., TRICHUR-680620.
BY ADVS.
SMT.V.T.KAVITHA SRI.S.RAJ MOHAN
RESPONDENTS:
1 UNION OF INDIA MINISTRY OF PERSONNEL (PUBLIC GRIEVANCES AND PENSION), NEW DELHI - 110 003.
2 THE INSPECTOR GENERAL BSF, FRONTIER HEAD QUARTERS,JODHPUR (RAJ),
PIN - 342 026.
3 THE DIRECTOR GENERAL BSF (PAY AND ACCOUNTS DIVISION), BLOCK NO.10, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003.
BY ADV.
R1-3 BY SRI.SUVIN R.MENON, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20810 OF 2016(A)
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JUDGMENT
The petitioner who was working as a Head Constable/ Radio Operator has filed this writ petition seeking a direction to the respondents to disburse gratuity.
WP(C).No.20810 OF 2016(A)
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4. Respondents have filed a counter affidavit stating that petitioner
is not entitled to any pension or gratuity and all the benefits admissible to him have already been disbursed. It is their further contention that pension and pensionary benefits are admissible only to those who retired from service after completion of requisite qualifying service of 20 years. It is also stated that provisions contained in Payment of Gratuity Act, 1972 does not apply to the BSF Personnel who are governed by the Central Civil Services (Pension) Rules, 1972.
The issue raised by the petitioner is covered against him by the judgment of the Apex Court in Union of India and Ors. v. Rakesh Kumar [(2001) 4 SCC 309], Union of India and Ors. v. Madhu E.V. and Anr. [(2012) 5 SCC 474], etc. while considering the very same issue of entitlement of pensionary benefits to BSF personnel on resignation. Referring to Rule 19 of BSF Rules, 1969, it was held that a person who resigned from service is not entitled to pension or pensionary benefits including gratuity. Accordingly, the writ petition is dismissed.
SCS
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD EXHIBIT P2 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT ORDER NO. C-II/RESIGNATION 98/RAJ-FTR/08/1884-92 DATED 31/03/2008
EXHIBIT P3 TRUE COPY OF THE CLEARANCE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 01/04/2008
EXHIBIT P4 TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE SANCTIONED ORDER DATED 10/12/2009
EXHIBIT P6 TRUE COPY OF THE 3RD RESPONDENT DATED 03/05/2016 TO THE PETITIONER
RESPONDENTS' EXHIBITS:
EXHIBIT R2(a) TRUE COPY OF PAGE NO.26 OF PAY & ALLOWANCES ARREAR REGISTER EXHIBIT R2(b) TRUE COPY OF DUE/DRAWN STATEMENT OF PAY ARREAR IN RESPECT OF JANARDHANAN K
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether a BSF personnel who voluntarily resigns is entitled to gratuity under the Payment of Gratuity Act, 1972.
Whether provisions of the Payment of Gratuity Act, 1972 apply to BSF personnel governed by Central Civil Services (Pension) Rules.
Colour shows how this judgement treated each authority
Union of India and Ors. v. Rakesh KumarFollowed¶29
[(2001) 4 SCC 309] · Who else cites this
Union of India and Ors. v. Madhu E.V. and Anr.Followed¶29
[(2012) 5 SCC 474] · Who else cites this
3 provisions across 2 enactments
Janardhanan K.
Union of India, Ministry of Personnel (Public Grievances and Pension)
The Inspector General BSF
The Director General BSF (Pay and Accounts Division)
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
