DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Inder Pal Singh, Ex CPL 648397 – Appellant
Versus
Union of India – Respondent
JUDGMENT
CM APPL. 50653/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 16190/2022
3. 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.
4. According to petitioner, he was enrolled in Indian Air Force on 28.11.1977 and had undergone required training successfully. In terms of AFO No.1/1983 dated 22.01.1983 issued by the respondents vide which it was mentioned that Airmen irrespective of their terms of engagement are permitted to apply for Group `A' posts/services under Central/State Govt. and in Central/State Government Undertakings. Accordingly, petitioner sought permission and the same was allowed and he applied/selected as Class I Officer in Garden Reach Shipbuilders and Engineers Limited i.e. Government of India Undertaking after obtaining "No Objection Certificate" from respondents. The petitio
Eligibility for pro-rata pension is affirmed based on service duration and binding past judgments under pension rules.
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.
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.
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.
Point of law: Respondents be directed to grant pro-rata pension with arrears to the petitioners for their past services in Air Force.
Entitlement to pro-rata pension for past services in the Air Force based on relevant rules and previous judgments.
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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