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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Cpl Vinod Singh Rawat (retd.) – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 4942 of 2023 & CM Appl. 19149 of 2023
Decided On : 19-04-2023
mandamus - pro-rata pension - The court directed the respondents to grant pro-rata pension to the petitioner in accordance with the relevant rules and previous judgments.
Fact of the Case:
The petitioner sought a writ of mandamus to direct the respondents to grant pro-rata pension from a specific date along with consequential benefits and interest. The petitioner had served in the Indian Air Force and later joined the Oil and Natural Gas Corporation Limited.
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 accordance with previous judgments.
Issues: The main issue was the entitlement of the petitioner to pro-rata pension for past services in the Air Force, based on relevant rules and previous judgments.
Ratio Decidendi: The court's decision was influenced by the relevant Office Memorandum and Rule 37 of the Central Civil Services (Pension) Rules, 1972, as well as previous judgments in similar cases.
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 (Oral)
1. The petitioner has filed the present petition seeking a writ of mandamus for directing the respondents to grant pro-rata pension in favour of the petitioner from 13.03.2013 with all consequential benefits along with interest @10% on the arrears, in terms of judgment dated 09.01.2019 in W.P.(C) No. 10026/2016.
2. According to petitioner, he was enrolled in Indian Air Force on 16.12.2002 and undergone required training successfully. Petitioner had appeared in the interview and selection to the post of F&A Officer in Oil and Natural Gas Corporation Limited (ONGC) after obtaining "No Objection Certificate" dated 22.01.2013 from respondents. The petitioner was offered to join the above-said post in Oil and Natural Gas Corporation Limited in terms of the appointment letter dated 25.06.2013. The petitioner stood discharged from the services of IAF on 21.03.2013 after rendering regular service of 10 years, 03 months and 06 days.
3. Learned counsel for the petitioner 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 Vs. Union of India & Ors., which has been upheld by the Hon'ble Supreme Court, respondents be directed to grant pro-rata pension with arrears to the petitioner for their past services in Air Force.
4. Notice issued.
5. Mr. Vivek Goyal, Central Government 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.
6. 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.
7. With directions as aforesaid, the present petition is disposed of. Pending application is disposed of as infructuous.
Entitlement to pro-rata pension for past services in the Air Force 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.
Discharged personnel of Central Government, including defense services, are entitled to pro-rata pension under established rules and prior judicial decisions.
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.
Entitlement to pro-rata pension based on relevant rules and previous judgments.
Legal obligation to grant pro-rata pension exists under Central Civil Services (Pension) Rules for eligible employees, requiring authorities to act accordingly.
Eligibility for pro-rata pension is affirmed based on service duration and binding past judgments under pension rules.
Point of law: Respondents be directed to grant pro-rata pension with arrears to the petitioners for their past services in Air Force.
Entitlement to pro-rata pension for officers with over 10 years of service is established under prior rules and court judgments, necessitating compliance by the respondents.
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