DELHI HIGH COURT
SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Sachin Kumar, (EX CPL 903353-S) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks pro-rata pension based on prior service. (Para 1 , 2) |
| 2. court directs consideration of pension claim upon document receipt. (Para 3 , 5) |
| 3. requirement for necessary documents for pension claim. (Para 4) |
| 4. petition disposed of with directions. (Para 6) |
1. The present petition has been preferred seeking a direction to the respondents to grant pro-rata pension to the petitioner from the date of his discharge with all consequential benefits in terms of judgment dated 09.01.2019 in W.P.(C) No. 10026/2019 and judgment dated 08.02.2021 in W.P (C) 9905/2019 passed by this Court.
2. Learned counsel for petitioner has submitted that vide Notification No. 8(3)/86/A/D (Pension/Services) dated 19.02.1987 and further, by circular No.A/49738/AG/PS4(c)/689/A/D(Pens/Sers) dated 21.04.1988 issued by the Government of India/Ministry of Defence, officers with not less than 10 years of qualifying service are entitled to receive pro-rata pension worked out under the method specified. Learned counsel further submits that the petitioner was enrolled in Indian Air Force on 12.01.2004 and he stood discharged from services of IAF on 17.06.2014 after servi
Officers with a minimum of 10 years of service are entitled to pro-rata pension, contingent on submission of specific documents confirming eligibility.
Service personnel are entitled to pro-rata pension if they meet the 10 years qualifying service requirement as established by the Government notifications.
Eligibility for pro-rata pension requires consideration of service duration and relevant notifications, affirming rights under previous judgments.
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.
Officers with a minimum of 10 years of service are entitled to pro-rata pension as stipulated by relevant regulations.
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.
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.
Entitlement to pro-rata pension for government employees is upheld as per established rules and prior judgments, requiring appropriate action by the authorities.
Legal obligation to grant pro-rata pension exists under Central Civil Services (Pension) Rules for eligible employees, requiring authorities to act accordingly.
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