This is a hard case. A person having resigned from the service of Border Security Force (in short BSF) is now making an application for pensionary benefits by invoking Rule 49 (2) (b) of Central Civil Services Pension Rules which have been adopted by the BSF. That Rule 49 (2) (b) is quoted below : “49. (2) (b) In the case of a Govt servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty three years, but after completing qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under clause (a) and in no case the amount of pension shall be less than (rupees three hundred and seventy five permensem.” 2. The brief facts are as follows. The petitioner joined the BSF on 11th March, 1983 as a Constable and he served the BSF for about years 6 months and thereafter because of his family problem he wanted to go on voluntary retirement vide Annexure A/1 to the writ application. That Annexure A/1 is quoted below : “The Commandant, 46 Bn BSF, I. Nagar, Jammu. Subject: Request to acceptance of voluntary resignation. Respected Sir. With due respect and humble submission, No. 83766006 Nk Md Siraj Ali of 'D' Coy 46 Bn BSF was enrolled in BSF during the M/O 3.3.83 and completed 13 years 6 months of qualifying service. My mother is very old and father is too aged and suffering from illness. He is'unable to look after my domestic problem and land property. My brother is away from my family, my father and mother duly depended on me. My wife is not able to handle my family situation. In view of above, I wish to discontinue my service and proceed on voluntary retirement under Rule 19 of BSF 1969 with all pensionary benefit. You are therefore requested that may please be accept my resignation with all pensionary benefit for which I shall be highly thankful to you for this act of kindness. Thanking you, Witnesses : Yours faithfully, 1. No. 78833009, HCHRashid Sd/-Illegible, 31.12.95 2. No. 86002166, LK Munayaday . No. 83766006, (NkMd Siraj Ali) 'D' Coy 46Bn BSF.” 3. A bare perusal of the application at Annexure A/1 quoted above will show that the application was filed under Rule 19 of BSF Rules, 1969. Thanking you, Witnesses : Yours faithfully, 1. No. 78833009, HCHRashid Sd/-Illegible, 31.12.95 2. No. 86002166, LK Munayaday . No. 83766006, (NkMd Siraj Ali) 'D' Coy 46Bn BSF.” 3. A bare perusal of the application at Annexure A/1 quoted above will show that the application was filed under Rule 19 of BSF Rules, 1969. The relevant portion necessary for this case of Rule 19 is quoted below: “19. Resignation. (1) The Central Govt may, having regard to the special circumstances of any case, permit any officer of the Force to resign from the Force before the attainment of the age of retirement or before putting in such number of years of service as may be necessary under the rules to be eligible for retirement. Provided that while granting such permission the Central Govt may : (a) require the officer to refund to the Govt such amount as would constitute the cost of training given to that officer; or (b) make such reduction in the pension or other retirement benefits of the officer if so eligible as that Govt may consider to be just and proper in the circumstances. (2) The Central Govt may accept the resignation under sub-rule (1) with effect from such date as it may consider expedient: Provided that it shall not be later than three months from the date of jeceipt of such resignation.” The Annexure A/1 quoted above was accepted vide Annexure A/2 to the writ application. That is quoted below : “Office of the Commandant 46 BN BSF IndreshwarNagar(Jammu) No. 2064/Estt/46/96/10898-903 dated 17th Sept. 93. Order: Resignation tendered by No. 83766006 Nk Mohd Siraj All of D Coy of this unit is here by accepted with all pensionary benefits at his own request on extreme compassionate grounds wef 31.12.1996 (A7N) under BSF Rules, 1969. 2. He will be struck off strength from this unit wef 31. 12.1995 (A/N). This has me approval of me Commandant on note sheet dated 4 3.9.96. Sd/-Illegible (RP Singh) DT. COMDT, DC BN HQ, For Commandant.” 4. It will be seen from Annexure A/2 that this was accepted with all pensionary benefits. Thereafter, no pension was paid to him and a demand notice was issued vide Annexure A/3. Even his leave encashment, gratuity etc were also not paid. Sd/-Illegible (RP Singh) DT. COMDT, DC BN HQ, For Commandant.” 4. It will be seen from Annexure A/2 that this was accepted with all pensionary benefits. Thereafter, no pension was paid to him and a demand notice was issued vide Annexure A/3. Even his leave encashment, gratuity etc were also not paid. The pension was refused vide Annexure A/5 and that is quoted below : “No.Pen/Hd/Clk/MSA/98/ HQs 46 Bn BSF, Rampura PO: Fazilka Distt, Ferozepur (Pb) Dated the 16th May, 98. To. Wangjing, Distt Thoubal (Manipur) Sub: Non-receipt of pension, DCRG, Leave encashment, payment of CGEGIS and commuted value of pension legal notice thereof. Shri K. Rabei Singh, Advocate, C/o L Sharat Sharma Advocate has served legal notice on your behalf to this unit as well as to the Accounts Officer PAD, BSF, New Delhi regarding non payment of your dues mentioned in the subject cited above. 2. In this connection, it is to inform you that HQs-DG, BSF, New Delhi vide their letter No. 24/1/97-Pers/BSF dated 15 Jan 98 has clearly communicated that BSF personnel are not eligible for pensionary benefits on their resignation from service after completion of less than 20 years qualifying service. However, as regards the payment of service gratuity, leave encashment and CGEGIS, the case for payment of the same is already under process with Accounts Officer, PAD, BSF (Pension II Section) New Delhi and you will be apprised for the same on receipt of decision from PAD, BSF. Sd/-Illegible (RP Singh), DC OC BN HQ For Commandant” This Annexure A/5 is dated 16.5.1998. But earlier to it, vide Annexure A/7 the following decision was taken : “Government of India "Ministry of Home Affairs Directorate General Border Security Force (Personnel Directorate) Block No. 10, 5th Floor Kendriya Karyalaya Parisar Lodhi Road, New Delhi-03. "No. 24/1/95-Pers/BSF dated the 27th Dec,'95. To, All Frontier HQ BSF all SHQ BSF including DIG (HQ) New Delhi All Trg Institutions TSU/Cenvosto/CSMT/Signal Regt/HQ Arty/STW/SRO All Bns BSF All Arty Regts BSF Sub: Grant of pensionary benefits on resignation under Rule 19 of the BSF Rules, 1969. Attention is invited to this HQ letter No. F.35 036/3/78 Staff/BSF dated 4th Nov' 91 conveying the decision of the Ministry of Home Affairs in the matter of admissibility of pensionary benefits on acceptance of resignati ofrunder Rule 19 of the BSF Rules, 1969. 2. Attention is invited to this HQ letter No. F.35 036/3/78 Staff/BSF dated 4th Nov' 91 conveying the decision of the Ministry of Home Affairs in the matter of admissibility of pensionary benefits on acceptance of resignati ofrunder Rule 19 of the BSF Rules, 1969. 2. In this connection the undersigned is directed to inform that matter was again referred to the Govt to review their decision in order to give pensionary benefits to members of the BSF on tendering resignation under Rule 19 of the BSF Rules, 1969. The Ministry of Home Affairs in consultation with the Department of Pension & Pensioners welfare has agreed to our proposal and decided not to amend Pension Rules for KJBSF personnel are framed. The Govt has also agreed to our views that a member'of the Force is entitled to get pensionary benefits on resignation under Rule 19 of the said Rules provided he has put in requisite number of years of service and fulfils all other eligibility conditions. 3. A number of Ex BSF personnel have filed petitions in various Courts of law claiming for the grarjt of pension on their resignation form service under the provisions of Rule 19 of the BSF Rules, 1969. Besides this a number of notices under section 80 CPC also being received in this regard. 4. Rule 19 (1) of the BSF Rules, 1969 provides that the competent authority may, having regard to special circumstances of a case, permit a member of the Force to resign from the Force before attainment of the age of retirement or before putting in such number of years of service as may be necessary under the rules to be eligible for retirement. The authority competent to grant such permission is also empowered to make such reductions In the pension or other retirement benefits of a member of the Force, if so eligible as it may consider just and proper in the circumstances of the case. 5. The authority competent to grant such permission is also empowered to make such reductions In the pension or other retirement benefits of a member of the Force, if so eligible as it may consider just and proper in the circumstances of the case. 5. In view of the provisions containing in Rule 19 of the BSF Rules, 1969 a pensioner in para 4 above and based on the approval of the MRA as per para 2 above, in future the authorities who accept the resignation of member of the Force shall s'pecify in the order the reduction to be made in the pension, if any; a$ per the provisions contained in proviso (ii) to Rule 19 (i) of the BSF Rules: 1969. In case no such reduction is specified in the order regarding acceptance of resignation, it would imply that no reduction in the pension has been made. 6. In order to decide all pending cases including the ones which are presently under adjudication, it is incumbent on all authorities to undertake a thorough review of all pending cases. For this purpose, cases of resignation accepted in respect of members of the Force, who have not been allowed pensionary benefits, will be reviewed and pass necessary orders within the shortest possible time limit. In this regard Frontier ISGT and Heads of Trg Institutions will ensure that these instructions have been complied with by the Units/Establishments under their administrative control. ON...(PNCTRIVEDI) Deputy Director (ERS), 27th Dec 1995”. 5. It may be stated herein that Annexure A/5 is a letter dated 16th May, 1998 and that is after the retirement of the petitioner on 31.12.1996 and in that order itself it was stated that he will be entitled to all pensionary benefits. If that would not have been passed stating that it is accepted with all pensionary benefits, perhaps, the petitioner would not have left the service. 6. It is well settled rule of construction that every statute or statutory rule is prospective unless it is expressly or by necessary implication made to have retrospective effect. Unless there are words in the statute or in the rules showing the intention to affect extinguishing rights the rule must be held to be prospective. If a rale is expressed in the language which is fairly capable of either interpretation it ought to be constructed as prospective only. Unless there are words in the statute or in the rules showing the intention to affect extinguishing rights the rule must be held to be prospective. If a rale is expressed in the language which is fairly capable of either interpretation it ought to be constructed as prospective only. In the absence of any express provision of necessary intendment, the rule cannot be given retrospective effect except in the matter of procedure. By issuing Annexure A/5 the authority now want to take away the rights of pension of the petitioner. That cannot be done inasmuch as in the letter of acceptance it was stated that if is accepted with all pensionary benefits. 7. In view of that matter, this writ application is allowed and I direct that the authority in pursuance of Rule 49 (2) (h) quoted above' shall pay the pension to the petitioner. The pension shall be computed within a period of 3 (three) months from the date of receipt of this order failing whichthe arrears amount of pension shall carry interest at the rate of 12% PA. No costs. 8.1 have Heard Mr. L. Sharat Sarma, learned counsel for petitioner and Mr. C. Komal Singh, learned Senior CGSC alongwith Mr. K Kumar Singh, learned Addl CGSC for respondents. 9. This disposes of this writ application.