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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Sudhir Kumar Jain, JJ.
Mohit Saini, Ex CPL 904895-B - Appellant
Versus
Union of India - Respondent
W.P.(C) 7102 of 2022
Decided On : 06-05-2022
Important Points
Subject
Employment Law - Pension Entitlements
Headnote
(B) Judicial precedent - Previous judgments in W.P.
(C) No. 10026/2016 and W.P.
(C) 9905/2019 where similar entitlements were adjudicated, supporting the present petition. (Paras 4, 7)
Facts of the case:
The petitioner, having served in the IAF for over 12 years, was discharged and sought pro-rata pension. Legal provisions entitle officers with a minimum of 10 years to pensions under specific regulations.
Findings of Court:
The court directed the respondents to consider and release the pro-rata pension if the petitioner is found eligible, in alignment with earlier judgments.
Issues: Whether the petitioner is entitled to pro-rata pension and the method for its calculation.
Ratio Decidendi: The court emphasized compliance with existing pension regulations and prior judgments, ensuring eligible persons receive due entitlements based on service length.
Result: Petition disposed of with directions for consideration and potential release of pension.
| Table of Content |
|---|
| 1. eligibility for pro-rata pension based on service duration. (Para 3 , 4) |
| 2. court's directive to consider pension eligibility. (Para 6 , 7) |
| 3. petition disposed with directions. (Para 8) |
JUDGMENT (Oral)
CM APPL. 21782/2022 (exemption)
1. Allowed, subject to just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 7102/2022
3. 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. 10026/2016 and judgment dated 08.02.2021 in W.P (C) 9905/2019 passed by this Court.
4. 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 29.03.2005 and he stood discharged from services of IAF on 22.06.2017 after serving 12 years, 02 months and 18 days. Therefore, it is prayed that respondents be directed to issue pro-rata pension to the petitioner.
5. Notice issued.
6. Mr. Jatin Singh, learned Senior Panel Counsel has entered appearance on advance notice and submits that the case of the petitioner shall be considered and his pro-rata pension shall be released, if found eligible.
7. In view of aforesaid, we hereby dispose of the present petition with direction to respondents to consider the case of petitioner and release pro-rata pension, if found eligible, with appropriate interest in terms of judgment dated 09.01.2019 in W.P.(C) No. 10026/2016 and judgment dated 08.02.2021 in W.P (C) 9905/2019 passed by this Court.
8. With directions as aforesaid, the present petition is disposed of.
