Delhi High Court
Ambarish Kumar Singh vs Union Of India & Ors. on 17 August, 2022
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: August 17, 2022
+ W.P.(C) 11868/2022 & CM APPL. 35439/2022
AMBARISH KUMAR SINGH ..... Petitioner
Through: Ms. Pallavi Awasthi, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Alok Singh, SPC with Ms. Seema
Singh, GP and Mr. Gaurav Bhardwaj,
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 Court.
2. According to petitioner, he was enrolled in Indian Air Force on
04.11.1986 and underwent required training successfully. Petitioner had
Signature Not Verified
By:BABLOO SHAH
Signing Date:18.08.2022
13:02:03
appeared in the interview and selection for Group „A‟ post offered by the
Banking Service Recruitment Board Southern Region Banglore- 560052
after obtaining "No Objection Certificate" dated 12.12.1997 from
respondent. The petitioner was therefore offered to join the post of
Probationary Official Language Officer in Corporation Bank in terms of the
appointment letter dated 24.11.1997. The petitioner stood discharged from
the services of IAF on 31.12.1997 after rendering regular service of 11
years, 01 month and 26 days.
3. Learned counsel for the petitioner 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 his past services in Indian Air
Force.
4. Mr. Alok Singh, learned Senior Panel Counsel has entered appearance
on advance notice and submits that the case of petitioner shall be considered
Signature Not Verified
By:BABLOO SHAH
Signing Date:18.08.2022
13:02:03
and his pro-rata pension shall be released, if found eligible.
5. 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.
6. 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 17, 2022/rr
Signature Not Verified
By:BABLOO SHAH
Signing Date:18.08.2022
13:02:03
