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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
MDNV Rao, Ex CPL 790835-T – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks pro-rata pension. (Para 1 , 2) |
| 2. entitlement to pro-rata pension based on rules. (Para 3) |
| 3. notice issued; consideration of eligibility. (Para 4 , 5) |
| 4. case disposed with directions to consider eligibility. (Para 6 , 7) |
1. The petitioner has filed the present writ petition seeking a writ of mandamus for directing the respondents to grant pro-rata pension in favour of the petitioner from the date of his discharge with all consequential benefits along with interest @14% in terms of judgment dated 09.01.2019 in W.P.(C) No. 10026/2016 and judgment dated 23.02.2021 in W.P.(C) No. 1925/2021.
2. According to petitioner, he was enrolled in Indian Air Force on 19.03.1997 and underwent required training successfully. Petitioner had appeared in the interview for selection to the post of Foreman (Chargeman-1) (Radio) Group `C' (Non-Gazetted) in Naval Dockyard, Vishakhapatnam after obtaining "No Objection Certificate" dated 04.07.2006 from respondents. The petitioner was offered to join the aforesaid post in the abovementioned dockyard in terms of the appointment letter dated 16.03.2007. The petitioner stood discharged from the services of
A petitioner discharged from service may be entitled to pro-rata pension based on prior judgments, contingent on eligibility verification by the relevant authorities.
Discharged personnel of Central Government, including defense services, are entitled to pro-rata pension under established rules and prior judicial decisions.
Legal obligation to grant pro-rata pension exists under Central Civil Services (Pension) Rules for eligible employees, requiring authorities to act accordingly.
The court affirmed that an individual who completes over 10 years of service is entitled to pro-rata pension upon voluntary retirement, consistent with established judicial precedents.
Eligibility for pro-rata pension is affirmed based on service duration and binding past judgments under pension rules.
Entitlement to pro-rata pension for past services in the Air Force based on relevant rules and previous judgments.
Entitlement to pro-rata pension for discharged military personnel based on prior judgments confirming such rights supports administrative compliance for eligibility.
Entitlement to pro-rata pension based on relevant rules and 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.
Eligibility for pro-rata pension requires consideration of service duration and relevant notifications, affirming rights under previous judgments.
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