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.

Headnote:(A) Government of India - Notification No. 8(3)/86/A/D (Pension/Services) dated 19.02.1987 - Circular No. A/49738/AG/PS4(c)/689/A/D(Pens/Sers) dated 21.04.1988 - Pro-rata pension - Entitlement for pro-rata pension established for officers with not less than 10 years of qualifying service. (Paras 4, 7)

(B) Judicial Direction - The court directed respondents to consider the petitioner's case for pro-rata pension and grant benefits if eligible, underscoring the importance of previous judgments as precedents. (Paras 4, 7)

Facts of the case:
The petitioner, a former officer of IAF, served for 14 years and sought a pro-rata pension upon his discharge, invoking earlier judicial decisions. The relevant notifications confirmed entitlement based on service length.

Findings of Court:
The court mandated a review of the petitioner's eligibility for pro-rata pension, allowing for appropriate interest as per previous judgments.

Issues: The main issues involved determining the entitlement to pro-rata pension under the applicable notifications and the implications of prior judgments.

Ratio Decidendi: The court affirmed that eligibility for pro-rata pension must be assessed based on established governmental regulations and previous court rulings, ensuring due consideration is provided.

Result: Petition disposed of with directions.

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)

JUDGMENT (Oral)

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) on 08.03.1991 and he stood discharged from services of IAF on 06.07.2005 after serving for 14 years, 03 months and 28 days. Therefore, it is prayed that respondents be directed to issue pro-rata pension to the petitioner.

5. Notice issued.

6. Mr. Kamal Kant Jha, 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.

Click Here to Read the rest of this document