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2022 Supreme(Del) 1665

MANMOHAN, NAVIN CHAWLA
Ex-cpl. Om Prakash Pandey – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Baljeet Singh, Advocate, Deepika Sheoran, Advocate, Bhagwan Swarup Shukla, Advocate

JUDGMENT

Manmohan, J. - C.M.No.10109/2022

Exemption allowed, subject to all just exceptions.

accordingly, the application stands disposed of.

W.P.(C) No.3451/2022

1. Present writ petition has been filed challenging the order dated 14th January, 2022. Petitioner also seeks a direction to the Respondents to grant Pro-rata Pension from the date of discharge i.e., 11th December, 2007.

2. Learned counsel for the Petitioner states that vide the impugned order dated 14th January, 2022, Petitioner's representation for grant of Pro Rata Pension was rejected on the following grounds:

    i) There is no provision for grant of Pro Rata Pension to an air Man in the Pension Regulations for the air Force, 1961.

    ii) The minimum years of qualifying service for grant of Pro Rata Pension is 15 years, whereas the Petitioner has only completed twelve years, 112 days in service and was discharged from service under the clause "at his own request before fulfilling the conditions of Enrolment. He was thus eligible for Service Gratuity and Death-Cum-Retirement-Gratuity (DCRG) in terms of Pension Regulation 127, which has already been paid to him at the time of discharge'.

    iii) Grant of Pro Rata Pension in the orders p

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