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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Unnikrishnan KL, EX SGT-740400-R – Petitioner
Versus
Union of India and Another – Respondents
W.P. (C) No. 5055/2023
Decided On : 21-04-2023
Pro-rata Pension - Indian Air Force Discharge - The court directed the respondents to grant pro-rata pension to the petitioner in line with relevant Office Memorandum and Central Civil Services (Pension) Rules, based on previous judgments.
Fact of the Case:
The petitioner sought a writ mandamus to direct the respondent to grant pro-rata pension from the date of his discharge from the Indian Air Force, citing relevant rules and previous judgments.
Finding of the Court:
The court disposed of the petition with a direction to the respondents to consider the petitioner's case and release pro-rata pension if found eligible, in line with previous judgments.
Issues: The issue was whether the petitioner was entitled to pro-rata pension from the date of his discharge from the Indian Air Force.
Ratio Decidendi: The court relied on the relevant Office Memorandum and Central Civil Services (Pension) Rules, along with previous judgments, to support the petitioner's entitlement to pro-rata pension.
Final Decision: The court directed the respondents to consider the petitioner's case and release pro-rata pension if found eligible, in accordance with previous judgments.
JUDGMENT :
CM APPL. 19749/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 5055/2023
3. Vide the present petition, the petitioner is seeking following relief:
4. According to petitioner, he was enrolled in Indian Air Force on 28.07.1992 and undergone required training successfully. The petitioner was issued “No Objection Certificate” dated 09.10.2006 by the respondents to join the post of Apprentice Development Officer in Life Insurance Corporation of India. The petitioner was offered to join the above-said post as Apprentice Development Officer in Life Insurance Corporation of India in terms of the Appointment Letter dated 27.10.2006. The petitioner stood discharged from the services of IAF on 22.03.2007 after rendering regular service of 14 years, 07 months and 22 days.
5. Learned counsel for the petitioners submits that by virtue of Office Memorandum No. 28/30/2004-P & PW (B) dated 26.07.2005 and in terms with Rule 37 of Central Civil Services (Pension) Rules, 1972, all employees of Central Government are entitled to grant of pro-rata pension and that in view of judgment dated 09.01.2019 rendered in W.P. (C) No. 10026/2016, titled as Govind Kumar Srivastava v. Union of India, which has been upheld by the Hon'ble Supreme Court, respondents be directed to grant pro-rata pension with arrears to the petitioner for his past services in the Indian Air Force.
6. Notice issued.
7. Mr. Sushil Kumar Pandey, Senior Panel Counsel, has entered appearance on advance notice and submits that the case of petitioner shall be considered and his pro-rata pension shall be released, if found eligible.
8. Upon hearing, we dispose of the present petition with direction to respondents to consider the case of petitioner and release pro-rata pension, if found eligible, with appropriate interest in terms of judgment dated 09.01.2019 in W.P.(C) No. 10026/2016 and judgment dated 08.02.2021 in W.P (C) 9905/2019 passed by this Court.
9. With directions as aforesaid, the present petition is disposed of.
Entitlement to pro-rata pension based on relevant rules and previous judgments.
A petitioner discharged from service may be entitled to pro-rata pension based on prior judgments, contingent on eligibility verification by the relevant authorities.
Eligibility for pro-rata pension is affirmed based on service duration and binding past judgments under pension rules.
Government employees are entitled to pro-rata pension under Rule 37 of Pension Rules, as reinforced by prior judicial decisions.
Legal obligation to grant pro-rata pension exists under Central Civil Services (Pension) Rules for eligible employees, requiring authorities to act accordingly.
Entitlement to pro-rata pension for past services in the Air Force based on relevant rules and previous judgments.
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.
Entitlement to pro-rata pension for discharged military personnel based on prior judgments confirming such rights supports administrative compliance for eligibility.
Point of law: Respondents be directed to grant pro-rata pension with arrears to the petitioners for their past services in Air Force.
Point of law: Respondents be directed to grant pro-rata pension with arrears to the petitioners for their past services in Air Force.
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