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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
George Emmanuel – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners seeking pro-rata pension benefits. (Para 1 , 2) |
| 2. entitlement to pro-rata pension under specific rules. (Para 3) |
| 3. disposition of the petition and applications. (Para 4 , 7) |
| 4. court's direction to consider and release pension. (Para 5 , 6) |
1. The petitioners have filed the present petition seeking a writ of mandamus for directing the respondents to grant pro-rata pension in their favour from the date of their discharge with all consequential benefits along with interest @14% in terms of judgment dated 09.01.2016 in W.P.(C) No. 10026/2016 titled as Govind Kumar Srivastava Vs. Union of India & Ors. and judgment dated 24.11.2020 in W.P.(C) No.98/2020 titled as Brijal Kumar & Ors. Vs. Union of India & Ors..
2. According to the facts of the present petition, petitioners after enrolling in Indian Air Force on different dates underwent the required training successfully and stood discharged from the services of IAF on different dates after rendering different periods of regular service. The details whereof, qua each of the petitioners, are enumerated hereunder:
| PETITIONER NUMBER AND NAME | DATE OF ENROLMENT IN IAF | DATE OF DISCHARGE FROM IAF | PER |
Discharged personnel of Central Government, including defense services, are entitled to pro-rata pension under established rules and prior judicial decisions.
Government employees are entitled to pro-rata pension under Rule 37 of Pension Rules, as reinforced by prior judicial decisions.
A petitioner discharged from service may be entitled to pro-rata pension based on prior judgments, contingent on eligibility verification by the relevant authorities.
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.
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 for past services in the Air Force based on relevant rules and previous judgments.
Eligibility for pro-rata pension is affirmed based on service duration and binding past judgments under pension rules.
Entitlement to pro-rata pension based on relevant rules and previous judgments.
Eligibility for pro-rata pension requires consideration of service duration and relevant notifications, affirming rights under previous judgments.
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