JUDGMENT

[VIA VIDEO CONFERENCING]

Rajiv Sahai Endlaw, J.

1. The petitioner/s, in each of these 40 petitions, (a) impugn/s the letter/circular No. 8(3)/86/A/D(Pension/Services) dated 19th February, 1987 issued by the Ministry of Defence (MoD) to the extent that it grants the benefit of pro rata pension only to the Commissioned Officers of the Defence Services and not to the Non-Commissioned Officers (NCOs)/Persons Below Officer Rank (PsBOR) of the Defence Services, as discriminatory; and, (b) claim/s pro rata pension.

2. Needless to state, the petitioner/s in each of the petitions are NCOs/PsBOR who joined the respondents Indian Air Force (IAF) as Airmen/Corporal.

3. It is apposite to preface this judgment with the background in which the controversy being adjudicated by this judgment has arisen.

4. All claims of pension, gratuity or allowance of personnel of IAF are regulated by the PENSION REGULATIONS FOR THE AIR FORCE , 1961 as in force at the time of an individual's retirement, release, resignation, discharge, death, etc., as the case may be. The same, (i) in Chapter I titled `General', (a) vide Regulation 2A (3) `defines' `Airman' "as a person subject to the Air Force A