R. N. Aggarwal,j. ( 1 ) THE petitioner was employed in the Border Security Force Academy and at the relevant time was posted at Takunpur. A Medical Board examined the petitioner on 21st August 1982 and found him medically unfit. On that a notice was issued to the petitioner to show cause within 15 days as to why he be not boarded out of service. The petitioner represented against the decision of the Medical Board and on his representation a Review Medical Board was constituted and the petitioner was examined by the Review Medical Board on 4th April 1983. The Board submitted its finding and report which was received by the Director-General. BSF at Delhi. On 2nd June, 1983 the impugned order was passed and it reads as under: "no. 660015071 L/naik Keshar Ram of BTC was boarded out on medical grounds with effect from 21 August 82. He represented against the decision of medical board as such was produced before Review Medical Board and was invalided out from service. He is allowed to avail 180 days all kinds of leave which includes EL/rpl only. 2. L/naik Kesher Ram is hereby informed that he stands boarded out from service with effect from 20 Feb 82 (AN ). " ( 2 ) ON 6th 1986 the Commandant, Basic Training Centre, wrote a letter to the petitioner informing him that he had been discharged from the service with effect from 16th February 1983. The petitioner was further required to complete the pension papers which, it appears, were sent along with the said letter. ( 3 ) THE petitioner has challenged the legality of the aforesaid orders. His contention is that he continued to serve uptill 2nd June 1983 and he was also paid his salary uptill that date and that it was only on 2nd June 1983 that vide order dated 2nd June 1983 he was boarded out of service. His further contention is that his discharge from the service with effect from 20th February 1983 (even before the date the Review Medical Board bad met and examined him) is without justification. His contention further is that he would be entitled to his 180 days of all the kind of leave due to him with effect from 2nd June 1983. Therefore, his date of discharge from service would be effective only from 2nd December 1983. ( 4 ) MR. His contention further is that he would be entitled to his 180 days of all the kind of leave due to him with effect from 2nd June 1983. Therefore, his date of discharge from service would be effective only from 2nd December 1983. ( 4 ) MR. Watwani, learned counsel for the respondents, has pointed out to sub-clause (o) of clause 8 of the General Instructions issued by the Directorate General, Border Security Force, and contended that under the aforesaid sub-clause no person could be kept in service for more than six months after the date of the signing of invalidation board papers by the Board and this period includes all the leave due, period for Review Medical Board and time taken for perusal and approval of invalidation medical board proceedings. The counsel contended that in accordance with the aforesaid subclause the petitioner was rightly invalided out of service with effect from 20th February 1983. ( 5 ) WE have given our careful consideration to the arguments addressed at the bar. We find force in the contentions of the petitioner. The petitioner had admittedly worked until 2nd June 1983. The Review Medical Board had met sometime nearabout 4th April 1983. The order for discharging the petitioner from service was passed on 2nd June 1983. There seems to be no justification for holding that the petitioner stood boarded out of service with effect from 20th February 1983. The petitioner having worked uptill 2nd of June 1983 there could be no order boarding him out of service from a date earlier to the date uptill which the petitioner had actually worked. The only fair order, in our opinion, would be that the petitioner should be considered to have been discharged from the service with effect from 2nd June 1983. The petitioner, thereafter, would be entitled to 180 days on account of earned leave and other kind of leave due to him. This would take the date of his boarding out of service to 2nd December 1983. The petitioner. thereafter, shall be entitled to all the pensionary benefits. ( 6 ) WE allow the petition and hold that the petitioner stood boarded out of service with effect from 2nd December 1983. He shall be entitled to all the pensionary benefits with effect from 2nd December 1983. The petition is disposed of accordingly, No order as to costs.