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SANJEEV SACHDEVA, MANOJ JAIN
Rajeev Nambiar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Jain, J.
1. It needs to be assessed whether the petitioners herein are entitled to "pro rata pension" from the date(s) of their respective discharge or not.
2. Petitioners were enrolled in Indian Air Force and held various ranks in the category of PBOR (Personnel Below Officer Rank) and NCO (Non-Commissioned Officer). After serving Indian Air Force between 10 to 15 years, they were discharged under Rule 15 (2)(g)(ii) of Indian Air Force Rules, 1969, being found `unsuitable for retention in the Air Force'.
3. Petitioners contend that they are entitled to receive `pro rata pension' on completion of 10 years of service. They rely on the judgments in Govind Kumar Srivastava Vs. Union of India & Ors.: 2019 SCC OnLine Delhi 6425 and Brij Lal Kumar Vs. Union of India & Ors.: 2020 SCC OnLine Delhi 1477.
4. According to the Petitioners, they had, themselves, never sought discharge from the Indian Air Force and despite spending their prime in the Indian Air Force in most adverse conditions, their services were abruptly terminated on the ground of unsuitability and such action of the Indian Air Force cannot deny them their right to get pension. They also pray that the pre-conditions
The concept of 'pro rata pension' is distinct from 'regular pension' and applies to officials permanently absorbed or appointed in other Central Government organizations after completing 10 years of ....
The court upheld that a minimum of 15 years of qualifying service is required for pension eligibility, rejecting claims for pro-rata pension based on incomplete service.
The court upheld that a minimum of 15 years of qualifying service is required for pension eligibility, and pro-rata pension is not applicable for those with less than 10 years of service.
Point of law: Respondents be directed to grant pro-rata pension with arrears to the petitioners for their past services in Air Force.
The central legal point established in the judgment is that the benefit of pro rata pension should be given to PBORs/NCOs like the Petitioner, as clarified in Govind Kumar Srivastava (supra), and tha....
Point of law: Respondents be directed to grant pro-rata pension with arrears to the petitioners for their past services in Air Force.
The main legal point established in the judgment is the entitlement to pro-rata pension from the Indian Air Force based on the similarity with previous cases and the interpretation of the Pension Reg....
Entitlement to pro-rata pension for officers with at least 10 years of qualifying service is established under specified government notifications and reaffirmed by prior judicial decisions.
Officers with a minimum of 10 years of service are entitled to pro-rata pension as stipulated by relevant regulations.
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