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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Madasu Sampath Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. entitlement to pro-rata pension based on service. (Para 1 , 2) |
| 2. legal basis for pension entitlement under rules. (Para 3) |
| 3. court's directive for consideration of entitlement. (Para 5 , 6 , 7) |
| 4. final disposal of petition with directions. (Para 8) |
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 from IAF.
2. According to petitioner, he was enrolled as airmen in the Indian Air Force on 14.11.1995 and undergone required training successfully. Petitioner applied and cleared all the examinations in the selection process for the post of Probationary Officer under the Union Bank of India through proper channel with due permission from respondents. The petitioner was offered to join the above-said post in Union Bank of India in terms of the appointment letter dated 03.03.2007, through which he was directed to join the services of the bank by 20.03.2007. However, due to some service exigencies, he could not join on the said date and he submitted an application dated 12.03.2007 seeking extension of joining time a
Legal obligation to grant pro-rata pension exists under Central Civil Services (Pension) Rules for eligible employees, requiring authorities to act accordingly.
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.
Entitlement to pro-rata pension for discharged military personnel based on prior judgments confirming such rights supports administrative compliance for eligibility.
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 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 for past services in the Air Force based on relevant rules and previous judgments.
Entitlement to pro-rata pension for government employees is upheld as per established rules and prior judgments, requiring appropriate action by the authorities.
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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