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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE
Ex-CPL Surendra Kumar Tripathi – Appellant
Versus
Union of India, Through the Secretary, Ministry of Defence – Respondent
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioner seeks to challenge the judgment dated 12th September, 2023 delivered by the learned Armed Forces Tribunal, Regional Bench, Mumbai. Vide the said judgment, the claim of the Petitioner for pro-rata pension has been refused.
3. In this context, the Petitioner has put forth prayer clauses (a), (b) and (c), as under :
(a) To Call for the records and proceedings pertaining to OA No.129/2022 from Ld. AFT Mumbai.
(b) issue an appropriate writ of certiorari or any other writ, order or direction in the nature of certiorari quashing and setting aside the impugned order EX – A.
(c) issue a writ of mandamus or any other writ, order or direction in the nature of mandamus to the respondents to grant pro rata pension from the date of discharge from service of respondents as applicable for the mandate of Ex-E.
4. The original application before the learned Tribunal was filed by the Petitioner under Section 14 of the Armed Forces Tribunal Act, 2007 praying for the relief of grant of pro rata pension. His case was that he was enrolled in the Indian Air Force on 22nd Febr
The court upheld that a minimum of 15 years of qualifying service is required for pension eligibility, and pro-rata pension is not applicable for those with less than 10 years of service.
The court upheld that a minimum of 15 years of qualifying service is required for pension eligibility, rejecting claims for pro-rata pension based on incomplete service.
The concept of 'pro rata pension' is distinct from 'regular pension' and applies to officials permanently absorbed or appointed in other Central Government organizations after completing 10 years of ....
Service personnel are entitled to pro-rata pension if they meet the 10 years qualifying service requirement as established by the Government notifications.
The main legal point established in the judgment is the entitlement to pro-rata pension from the Indian Air Force based on the similarity with previous cases and the interpretation of the Pension Reg....
The central legal point established in the judgment is that the benefit of pro rata pension should be given to PBORs/NCOs like the Petitioner, as clarified in Govind Kumar Srivastava (supra), and tha....
Entitlement to pro-rata pension for discharged military personnel based on prior judgments confirming such rights supports administrative compliance for eligibility.
Eligibility for pro-rata pension is governed by stringent regulations, and prior court decisions do not automatically create general entitlement for similar cases.
The court affirmed that an individual who completes over 10 years of service is entitled to pro-rata pension upon voluntary retirement, consistent with established judicial precedents.
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