Over 175 Ex-BSF Personnel Fight Decades-Long Legal Battle for Pension After Rule Change Deemed 'Mistake'
My mother still keeps searching ‘BSF Rule 19’ on her phone, hoping for some news,” says Dinesh Kumar, whose father Dalbir Singh passed away in May after waiting almost 30 years for his Border Security Force (BSF) pension.
Singh is among over 175 former BSF personnel who have been fighting a decades-long legal battle under the banner of ‘Association of BSF Rule-19 Victims 96-97’ for their post-retirement benefits, denied by the BSF after it claimed that a 1995 circular allowing them to retire with benefits under Rule 19 of the BSF Rules was an administrative mistake.
Earlier this year, the Supreme Court declined to directly entertain their writ petition, directing the aggrieved personnel to go to a High Court. Subsequently, the former officers approached the Kerala High Court, which issued a notice in the matter last month.
Pawan Kumar from Baghpat district in Uttar Pradesh, who served in border areas across Jammu and Kashmir and Punjab, says he had resigned as his wife was very ill. “I had to take care of my family.”
Panna Ram, a former Lance Naik from Rajasthan’s Nagaur district, also cites family pressures – “My parents were old and sick” – for his resignation. “The government order clearly stated we could leave with pensionary benefits after 10 years of service,” Kumar says, asking what wrong they did.
The issue stems from a BSF circular of December 1995 allowing its personnel to resign under Rule 19 of the 1969 BSF Rules, before the official retirement age, under special circumstances. Personnel who had completed 10 years of qualifying service were made eligible. Relying on this, over 2,200 BSF personnel resigned between 1996 and 1997.
But, in October 1998, the BSF made an about turn, claiming the resignations were accepted under a “mistaken impression”. It cited the Central Civil Services (CCS) Pension Rules, 1972, that govern BSF personnel and require a minimum 20 years of service for pension to accrue. Hence, the BSF said, its former personnel should either rejoin duty or forfeit their pensions.
The retired personnel say that returning to the force was impossible for them. “They also asked us to refund the Provident Fund money we had taken when leaving. That money has already been spent on family expenses,” says Dinesh Kumar from Haryana’s Rohtak district.
R Siva Malla Reddy, a former BSF officer from Prakasam district in Andhra Pradesh who served in Punjab and Bengal, says that with his mother and brother now dead, “The entire responsibility of the house is on me. How can I go back?”
In 2001, the BSF’s stance was upheld by the Supreme Court, which ruled that Rule 19 did not independently grant right to a pension and that administrative circulars could not override the 20-year requirement in the Rules. In 2006, the Court reaffirmed this, adding that personnel who failed to rejoin duty in 1998 had no claim to pension.
In their fresh petition, the officials argued that these judgments were delivered in ignorance of the law. They contended that following the 4th Pay Commission in 1986, Rule 49 of the CCS Rules was amended to reduce the minimum qualifying service for a proportionate pension from 20 years to 10 years.
Panna Ram says that more than the money, it is the social stigma that hurts. “People in my village call us deserters,” says Ram, who works as a farmer. “We served the country for 10 years, and this is the absolute injustice we face.”
Pawan Kumar says the denial of official ‘ex-serviceman’ status has also hit their job prospects. “Because we aren’t considered ex-servicemen, we lost out on better private sector jobs,” he says.
Dinesh Kumar says the pension money would have been a lifeline when his mother was diagnosed with stage-four breast cancer a few years back. “Thankfully she survived, but we saw very bad times financially,” he says, adding that his father had to work as a security guard in Rohtak to make ends meet.
