SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Unnikrishnan KL, EX SGT-740400-R – Appellant
Versus
Union of India – Respondent
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
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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