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DELHI HIGH COURT
SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Sajjan Kumar (EX CPL 723947-H) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. eligibility for pro-rata pension based on service duration. (Para 1 , 2) |
| 2. court's directive for pension consideration and release. (Para 3 , 4) |
| 3. disposed of petition with directions. (Para 5 , 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 (IAF) on 23.05.1995 and he stood discharged from services of IAF on 02.08.2007 after serving 12 years, 02 months and 18 days. Therefore, it is prayed that
Service personnel are entitled to pro-rata pension if they meet the 10 years qualifying service requirement as established by the Government notifications.
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.
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, contingent on submission of specific documents confirming eligibility.
Entitlement to pro-rata pension for government employees is upheld as per established rules and prior judgments, requiring appropriate action by the authorities.
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.
Discharged personnel of Central Government, including defense services, are entitled to pro-rata pension under established rules and prior judicial decisions.
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