WP(C) 2521/2003 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA By means of this writ petition, the petitioner has prayed for a direction to the respondents to grant pension to him upon resignation from service. According to the petitioner, while he was enrolled as Constable in the BSF, he w ent on leave for two months, but overstayed for a period of 75 days. On his join ing on 30.6.2001, he was advised to tender resignation from service or to face d epartmental proceeding. It is the further case of the petitioner that he was giv en to understand that upon tendering resignation and acceptance thereof, the pet itioner would be entitled to pension. Upon such assurance, the petitioner tender ed resignation from service. However, on acceptance of the same, he having not b een paid pension, he filed the writ petition. The respondents have filed their counter affidavit denying the aforesaid plea of the petitioner. It has been stated that when the petitioner was granted the lea ve and upon rejoining after overstaying the leave tendered resignation, he was a pprised of consequence thereof. According to the respondents at the time of tend ering resignation from service, the petitioner had to his credit only 14 years 1 1 months and 27 days of service and thus lacked qualifying service of 20 years t o get pension. The respondents have denied the plea of the petitioner that he wa s forced to resign from service. In this connection, to demonstrate the voluntar y act of the petitioner, the respondents have enclosed the letters addressed to the authority by the petitioner. By Annexure-A series letters dated 12.5.2001, t he petitioner tendered his resignation from service due to domestic problems. Wh en he was informed that such resignation would not entail him pension and that h e should reconsider the decision, the petitioner by his Annexure-B letter dated 1.6.2001 made his position clear that he would like to resign from service. It w as only thereafter the resignation tendered by the petitioner was accepted with effect from 30.6.2001 by Annexure-C order dated 13.6.2001. As regards the claim of the petitioner for pension, the Apex Court in Union of I ndia Vs. Rakesh Kumar reported in 2001 SC 1877 has held that the member of the B SF resigning from service before completion of 20 years is not entitled to pensi on. In view of the above, no relief can be granted to the petitioner and accordingly , the writ petition is dismissed.