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2022 Supreme(Del) 547

SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Kalluri Rami Reddy (EX CPL 775276-N) – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Pallavi Awasthi, Advocate
For the Respondent: Ms. Reema Khorana, SPC with Ms.Manpreet Kaur Bhasin, JWO Sadhu Ram, AF (DAV)

JUDGMENT :

1. The present petition has been preferred seeking a direction to the respondents to grant pro-rata pension to the petitioner from the date of his discharge with all consequential benefits in terms of judgment dated 09.01.2019 in W.P.(C) No. 10026/2019 and judgment dated 08.02.2021 in W.P (C) 9905/2019 passed by this Court.

2. Learned counsel for petitioner has submitted that vide Notification No. 8(3)/86/A/D (Pension/Services) dated 19.02.1987 and further, by circular No.A/49738/AG/PS4(c)/689/A/D(Pens/Sers) dated 21.04.1988 issued by the Government of India/Ministry of Defence, officers with not less than 10 years of qualifying service are entitled to receive pro-rata pension worked out under the method specified. Learned counsel further submits that the petitioner was enrolled in Indian Air Force on 19.03.1996 and he stood discharged from services of IAF on 22.11.2008 serving 12 years, 08 months and 03 days of regular service. Therefore, it is prayed that respondents be directed to issue pro-rata pension to petitioner.

3. Notice issued.

4. Learned counsel for the petitioners submits that by virtue of Notification no. 28/30/2004-P & PW (B) dated 26.05.2005 and in terms with

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