JUDGMENT

Manmohan, J. - This petition has been filed by the petitioner praying for a direction to the respondent no.2 for payment of the pro-rata pension from the date of the termination of the petitioners service in the Indian Air Force.

2. The representation of the petitioner seeking grant of pro-rata pension has been rejected by the respondent no.2 vide communication dated 26th February, 2021, observing as under:

"2. The contents of your ibid representation have been examined. In this context, it is informed that there is no provision for grant of Pro-Rata Pension to an airman in the Pension Regulations for the Air Force, 1961.

3. As per Regulation 121, Pension Regulations for Air Force 1961, minimum Regular qualifying service to earn Service Pension is 15 years and you had rendered 11 years AND 133 days of qualifying service. By virtue of your length of service, you were eligible for Service Gratuity and Death-Cum-Retirement-Gratuity (DCRG) in terms of Pension Regulation 127, which had already been paid to you at the time of discharge.

4. With regard to Grant of Pro-Rata Pension on the analogy of Court Orders passed by the Honble High Court of Delhi it is clarified that the Court V