1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.612 OF 1998 Ashok s/o Narayan Sapkale, age: major, Occ: Retired, R/o 10-A, Yogita Co-operative Housing Society, Nakane Road, Deopur, Dhule. Petitioner Versus 1 The Union of India 2 The Hon’ble Secretary, Ministry of Defence, Govt. of India, South Block, Central Secretariat, New Delhi 110 001. 3 The Director General, Coast Guard Head Quarter, National Stadium Complex, New Delhi 110 001. 4 The Officer In charge, Bureau of Navika Cheetha, Camp, Mankhurd, Mumbai. Respondents Mrs.S.A.Dhumal-Tambat, advocate for the petitioner. Mr. Alok Sharma, Assistant Solicitor General, for Respondents CORAM: B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 14 th July, 2010. ORAL JUDGMENT (Per B.R.Gavai, J.): 2 1 By way of present petition, the petitioner prays for a direction to the Respondents to award pension to the petitioner. 2 The petitioner, who was in the service of Coastal Guard’s establishment, has applied for voluntary retirement after completing 10 years and 6 months service. The petitioner has applied for voluntary retirement since he was suffering from hyper tension and he was also suffering from certain personal problems. The petitioner was permitted to retire voluntarily. Since the petitioner has not received pensionary benefits, the petitioner has approached this Court. 3 Smt.Tambat, appearing on behalf of the petitioner, relying on Rule 49 of the Central Civil Services (Pension) Rules, 1972, submits that even on completion of 10 years service, a person is entitled to pension. 4 Shri Sharma, Assistant Solicitor General, on the contrary, submits that since the petitioner has retired on his own volition, he is not entitled to pension till he completes 20 years of service. Rule 48A prescribes that in case of a person, who is seeking voluntary retirement, it is necessary that he has completed 20 years of service. 5 Insofar as Rule 49, on which reliance is placed by the learned Counsel for the petitioner, deals with computation of amount of pension. Sub-rule (2) thereof deals with an employee, who has retired on superannuation and not on own volition of the employee. A perusal of Rule 48A would clearly reveal that unless a person completes 20 years of qualifying service, he is not entitled to pension on account of voluntary retirement. In 3 that view of the matter, no case is made out. 6 Writ Petition stands dismissed. Rule discharged. No order as to costs. (S.V.GANGAPURWALA) (B.R.GAVAI) JUDGE JUDGE ******* adb/wp61298