Discharged personnel of Central Government, including defense services, are entitled to pro-rata pension under established rules and prior judicial decisions.

JUDGMENT (Oral)

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:

3. Learned counsel for the petitioners submits that by virtue of Notification no. 28/30/2004-P & PW (B) dated 26.07.2005 and in terms with Rule 37 of Central Civil Services (Pension) Rules, 1972, all employees of Central Government are entitled to grant of pro-rata pension and that in view of judgment dated 09.01.2019 rendered in W.P.(C) No. 10026/2016, titled as Govind Kumar Srivastava Vs. Union of India & Ors., which has been upheld by the Hon'ble Supreme Court, respondents be directed to grant pro-rata pension with arrears to the petitioners herein, who are on similar footing, for their past services in the Indian Air Force.

4. Notice issued.

5. Mr. Himanshu Pathak, learned Senior Panel Counsel has entered appearance on advance notice and submits that the case of petitioners shall be considered and their pro-rata pension shall be released, if found eligible.

6. Upon hearing, we dispose of the present petition with direction to respondents to consider the case of petitioners 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 24.11.2020 in W.P (C) No. 98/2020 passed by this Court.

7. With directions as aforesaid, the present petition is disposed of. Pending applications are disposed of as infructuous.