Sh. Bimal Kumar Bimlesh (Retd) vs Union Of India & Ors.
2022 Latest Caselaw 948 Del

$~17
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Date of decision: April 04, 2022
+      W.P.(C) 3170/2022

       SH. BIMAL KUMAR BIMLESH (RETD)           ..... Petitioner
                    Through: Mr. Bipin Bihari, Advocate

                         Versus

       UNION OF INDIA & ORS.                        ..... Respondents
                     Through:        Ms. Richa Dhawan, Sr. Panel Counsel
                                     with CPL Sachin Gupta (NCOIC-
                                     Legal Cell), Advocate

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
       HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

                         J U D G M E N T (oral)

1. The present petition has been preferred seeking quashing and setting

aside of impugned order dated 22.06.2021; direction to respondents to grant

pro-rata pension to the petitioner from the date of his discharge with all

consequential benefits 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.

2. Learned counsel for petitioner has submitted that vide Notification

No. 8(3)/86/A/D (Pension/Services) dated 19.02.1987 issued by the

Government of India/Ministry of Defence, officers with not less than 10

years of qualifying service are entitled to receive pro-rata pension worked

out under the method specified. Learned counsel further submits that the

petitioner was enrolled in Indian Air Force (IAF) as an Airman on

21.05.1996 and he stood discharged from services of IAF on 10.12.2007

after serving 11 years, 200 days of regular service. He had preferred a

representation dated 25.05.2021 to the respondents to grant him pro-rata

pension, which was rejected by the respondents on 22.06.2021. Therefore, it

is prayed that respondents be directed to issue pro-rata pension to petitioner.

3. Notice issued.

4. Learned counsel for the petitioners submits that by virtue of

Notification no. 28/30/2004-P & PW (B) dated 26.05.2005 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. Further

submits that in view of judgment dated 09.01.2019 in W.P.(C) No.

10026/2019, which is upheld by the Hon'ble Supreme Court, respondents be

directed to grant pro-rata pension with arrears to the petitioners for their past

services in Air Force.

5. Upon hearing, we dispose of the present petition with direction to

respondents to consider the case of petitioners 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.

6. With directions as aforesaid, the present petition is disposed of.

Pending application also stands disposed of.

(SURESH KUMAR KAIT) JUDGE

(SUDHIR KUMAR JAIN) JUDGE APRIL 4, 2022 rk