Santosh Kumar Sharma vs Union Of India & Ors.
2022 Latest Caselaw 2453 Del

                          $~75
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                              Date of decision: August 08, 2022
                          +      W.P.(C) 11680/2022 & CM APPL. 34748/2022
                                 SANTOSH KUMAR SHARMA                           ..... Petitioner
                                                  Through:    Ms. Pallavi Awasthi, Advocate

                                                  versus

                                  UNION OF INDIA & ORS.                         ..... Respondents
                                                  Through:    Mr. Vivekanand Mishra, SPC with
                                                              Mr. Tarveen Singh Nanda, 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 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

03.06.1999 and underwent required training successfully. Petitioner had

appeared in the interview and was selected to the post of Probationary

Signature Not Verified

By:BABLOO SHAH Signing Date:08.08.2022 20:34:11 Officer in Canara Bank after obtaining "No Objection Certificate" dated

19.10.2010 from respondent. The petitioner was then offered to join the

above-said post in Canara Bank in terms of the appointment letter dated

23.11.2010. The petitioner stood discharged from the services of IAF on

13.12.2010 after rendering regular service of 11 years, 06 months and 10

days.

3. 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 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. Mr. Vivekanand Mishra, learned Senior Panel Counsel has entered

appearance on advance notice and submits that the case of petitioner shall be

considered and his pro-rata pension shall be released, if found eligible.

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

Signature Not Verified

By:BABLOO SHAH Signing Date:08.08.2022 20:34:11 respondents to consider the case of petitioner and if found eligible, release

pro-rata pension 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

AUGUST 8, 2022/rr

Signature Not Verified

By:BABLOO SHAH Signing Date:08.08.2022 20:34:11