Delhi High Court
Mdnv Rao, Ex Cpl 790835-T vs Union Of India & Ors. on 23 August, 2022
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: August 23, 2022
+ W.P.(C) 7101/2022 & CM APPL. 21781/2022
MDNV RAO, EX CPL 790835-T ..... Petitioner
Through: Ms. Pallavi Awasthi, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Farman Ali, Mr. Krishan Kumar
and Ms. Usha Jamnal, Advocates.
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 writ 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 23.02.2021 in W.P.(C) No.
1925/2021.
2. According to petitioner, he was enrolled in Indian Air Force on
19.03.1997 and underwent required training successfully. Petitioner had
appeared in the interview for selection to the post of Foreman (Chargeman-
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:24.08.2022
15:28:39
1) (Radio) Group „C‟ (Non-Gazetted) in Naval Dockyard, Vishakhapatnam
after obtaining "No Objection Certificate" dated 04.07.2006 from
respondents. The petitioner was offered to join the aforesaid post in the
abovementioned dockyard in terms of the appointment letter dated
16.03.2007. The petitioner stood discharged from the services of IAF on
19.04.2007 after rendering regular service of 10 years, 01 month and 01 day
and reserve service of 02 years.
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 of
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. Notice issued.
5. Mr. Farman Ali, learned counsel for the respondents enters
appearance and upon accepting notice submits that the case of petitioner
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:24.08.2022
15:28:39
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
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
AUGUST 23, 2022/So
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:24.08.2022
15:28:39
