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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Ex-Cpl Jyoti Ranjan Hota – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks mandamus for pro-rata pension. (Para 1 , 2) |
| 2. arguments for entitlement of pro-rata pension under rules and previous judgments. (Para 3 , 5) |
| 3. petitioner qualifies for relief based on service duration. (Para 6) |
| 4. court directs consideration of pension eligibility. (Para 7) |
| 5. petition disposed 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 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 27.06.2006 and underwent required training successfully. On completion of 10 years, 06 months and 14 days of services, petitioner obtained pre-mature discharge through proper channel to join a civil post, i.e. Assistant Collector, under Government of Orissa. Initially, he was denied to be discharged from service by the respondents, however, learned AFT (PB), New Delhi vide its order dat
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.
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.
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.
Entitlement to pro-rata pension for government employees is upheld as per established rules and prior judgments, requiring appropriate action by the authorities.
Eligibility for pro-rata pension requires consideration of service duration and relevant notifications, affirming rights under previous judgments.
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