High Court of Delhi was dealing with the petition filed challenging the Ministry of Defence’s Policy and the rational policy criteria in Policy dated 19th February, 1987. Petitioner also seeks a direction to the Respondents to release the pro-rata pension to the Petitioner from date of discharge from Air Force with associated benefits, including interest.
Petitioner’s Contention:
Learned counsel for the petitioner submitted that the Petitioner was discharged from Indian Air Force after more than ten years, eleven Months and fifteen days of service and is currently serving in the Indian Institute of Management as a Chief Administrative Officer, which is a Central Government Institute. It was submitted that the Respondents vide its reply to legal notice, intimated the petitioner that there is no provision for grant of pro-rata pension to an Airman in the Pension Regulations for the Air Force and that the reliefs granted by the Delhi High Court in other writ petitions was specific to the Petitioners therein.
Respondent’s Contention:
Learned Counsel for the respondent admits that the matter is covered by the judgment of the Court in Govind Kumar Srivastava Vs. Union of India. He submitted that the petitioner had not furnished the No Objection Certificate (‘NOC’) from the Department.
HC’s Observations and Held:
After hearing both the sides Court observed that a perusal of the reply to the legal notice reveals that this is not the ground for rejection of the request for grant of pro-rata pension. Court stated that it is settled law that the grounds for rejection cannot be enlarged by way of a counter affidavit or an oral argument. Consequently, the ground urged by learned counsel for the respondents is untenable in law.
HC while keeping in view the judgment of the Court in Govind Kumar Srivastava allowed the present petition to the extent that the respondents are directed to release the pro-rata pension to the petitioner from the date of discharge of Air Force with associated benefits within eight weeks.
Bench: Hon'ble Mr. Justice Manmohan and Hon'ble Mr. Justice Navin Chawla
Case Title: Sivakumar Mathada v. UOI & Ors.
Case Details: W.P.(C) 2817/2022 & CM APPL.8127/2022
Read Judgment @Latestlaws.com
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