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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Sandeep Kumar Sharma, Ex CPL-742410-N – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. eligibility for pro-rata pension under government rules (Para 1 , 3) |
| 2. petitioner's service details and discharge reason (Para 2) |
| 3. disposition of petition and pending application (Para 4 , 7) |
| 4. court's directive on consideration of pro-rata pension (Para 5 , 6) |
1. The petitioner has filed the present 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 08.02.2021 in W.P.(C) No. 9905/2019.
2. According to petitioner, he was enrolled in Indian Air Force on 14.07.1997 and underwent required training successfully. Petitioner had appeared in the interview and got selected to the post of Life Insurance Corporation of India after obtaining "No Objection Certificate" from respondents but he could not retain the copy of it but the same can be verified/confirmed from the discharge certificate itself where the reason for discharge is mentioned as Civil Post. The petitioner was offered to join the above-said post of Appre
A petitioner discharged from service may be entitled to pro-rata pension based on prior judgments, contingent on eligibility verification by the relevant authorities.
Government employees are entitled to pro-rata pension under Rule 37 of Pension Rules, as reinforced by prior judicial decisions.
Entitlement to pro-rata pension based on relevant rules and previous judgments.
Discharged personnel of Central Government, including defense services, are entitled to pro-rata pension under established rules and prior judicial decisions.
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.
Legal obligation to grant pro-rata pension exists under Central Civil Services (Pension) Rules for eligible employees, requiring authorities to act accordingly.
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.
Eligibility for pro-rata pension is affirmed based on service duration and binding past judgments under pension rules.
Point of law: Respondents be directed to grant pro-rata pension with arrears to the petitioners for their past services in Air Force.
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