1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.8552/2002. : : Soman G. Vs. Union of India & Ors. : : Date of Order 16.12.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Kapil Mathur for the petitioner. Mr.Gaurav Jain for the respondents. Heard learned counsel for the parties. The petitioner, who was serving as Constable with Central Reserve Police Force from 1.1.1971 resigned on 8.12.1983 has came up in writ petition belatedly filed on 12.11.2002 with the prayer that respondents be directed to grant him pension and other retiral benefits. Apart from the delay in the matter, even on merits the controversy raised in this case is similar to the one resolved in judgment of Supreme Court in the case of Union of India & Ors. Vs. Rakesh Kumar : 2001 (4) SCC, 309, wherein also the Members of Boarder of Security Force resigned from service before completing the minimum length of qualified service request for eligibility of pension. It was held that such 2 persons would not be entitled to get pensionary benefits and that hardship could be no ground. The Supreme Court dealt with analogous Rule 19 of the Border Security Force Rules and also the provisions of Rule 26, 35, 36, 48, 48-A & 49 of the Central Civil Services (Pension) Rules, 1972 and authoritatively held that resignation would entail forfeiture of past service disentitling the employee concerned of pensionary benefits. The writ petition is, therefore, dismissed. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.40. 3 bvnvmhjfhuvnmguhbvjnmhb