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DELHI HIGH COURT
SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Emandi A R Ajay Kumar, Ex SGT 765880-S – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. right to pro-rata pension based on qualifying service. (Para 3 , 4) |
| 2. court's directive for review of petitioner's eligibility. (Para 5 , 7) |
| 3. consideration for eligibility of pro-rata pension. (Para 6) |
CM APPL. 22012/2022 (exemption)
1. Allowed, subject to just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 7183/2022
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 submitted that the petitioner was enrolled in Indian Air Force (IAF)
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.
Officers with a minimum of 10 years of service are entitled to pro-rata pension as stipulated by relevant regulations.
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, 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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