$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: September 01, 2022
+ W.P.(C) 12607/2022 & CM APPL. 38207/2022
AG NEWTON REDDY, EX CPL 791238-B ..... Petitioner
Through: Ms. Pallawi Awasthi, Advocate
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms. Anju Gupta and Ms. Geetanjli
Tyagi, Advocate
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
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 passed by this Hon'ble Court.
2. According to petitioner, he was enrolled in Indian Air Force on 15.07.1997 and underwent required training successfully. Petitioner had W.P.(C) 12607/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:03.09.2022 15:22:37 appeared in the interview and selection to the post of Apprentice Development Officer in Life Insurance Corporation of India after obtaining "No Objection Certificate" dated 30.09.2008 from respondents. The petitioner was offered to join the above-said post in Life Insurance Corporation of India in terms of the appointment letter dated 25.10.2008. The petitioner stood discharged from the services of IAF on 07.11.2008 after rendering regular service of 11 years, 03 months and 23 days.
3. Learned counsel for the petitioners submits that by virtue of Notification No. 8(3)/86/A/D (Pension/Service) dated 19.02.1987 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. 10026/2019, 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 petitioner for their past services in Air Force.
4. Notice issued.
5. Ms. Anju Gupta, learned Counsel after entering appearance, accepts notice and submits that the case of petitioner shall be considered and his pro- W.P.(C) 12607/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:03.09.2022 15:22:37 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 petitioner and release pro-rata pension, if found eligible, with appropriate interest in terms of judgment dated 09.01.2019 in W.P.(C) No. 10026/2019 and judgment dated 08.02.2021 in W.P (C) 9905/2019 passed by this Court.
7. With directions as aforesaid, the present petition is disposed of. Pending application is disposed of as infructuous.
(SURESH KUMAR KAIT) JUDGE (SAURABH BANERJEE) JUDGE SEPTEMBER 1, 2022/rr W.P.(C) 12607/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:03.09.2022 15:22:37