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DELHI HIGH COURT
SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Abinash Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. unconstitutionality of selective pension benefits. (Para 1 , 2 , 3) |
| 2. entitlement to pro-rata pension for all government employees. (Para 4) |
| 3. court's directive for consideration of pension eligibility. (Para 5) |
| 4. disposition of the case. (Para 6) |
1. The present petition has been preferred seeking a declaration that Clause No.1 of Notification No. 8 (3) 86/A/D (Pension/Services) issued by Government of India, Ministry of Defence dated 19.02.1987 is Unconstitutional, ultra vires, void, illegal, arbitrary, unreasonable, discriminatory and unsustainable, as the same extends benefits of pro-rata pension to only commissioned officers of defence service. In addition, quashing of letters dated 17.05.2021 & 05.10.2021 issued by the respondents is also sought.
2. Petitioner No.1 claims to have joined the services of the Indian Air Force as an Airman in December, 2006. He was discharged from the services of Indian Air Force vide Order No. RO/2503/1/RW (Dis) dated 10.10.2019 on civil post grounds and thereafter, he joined University of Bihar on the post of Assistant Professor (Political Science). He claims to have applied for grant of pro rata pension wit
Court affirmed entitlement to pro-rata pension for all central government employees, rejecting discrimination against non-commissioned officers.
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.
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.
Service personnel are entitled to pro-rata pension if they meet the 10 years qualifying service requirement as established by the Government notifications.
Entitlement to pro-rata pension for discharged military personnel based on prior judgments confirming such rights supports administrative compliance for eligibility.
Officers with a minimum of 10 years of service are entitled to pro-rata pension as stipulated by relevant regulations.
Officers with a minimum of 10 years of service are entitled to pro-rata pension, contingent on submission of specific documents confirming eligibility.
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