Ravinder Kumar, Ex Cpl 912579-H vs Union Of India & Ors.
2022 Latest Caselaw 2615 Del

$~51
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                        Date of decision: August 24, 2022
+      W.P.(C) 12242/2022
       RAVINDER KUMAR, EX CPL 912579-H        ..... Petitioner
                        Through: Ms. Pallavi Awasthi, Advocate

                                versus

       UNION OF INDIA & ORS.                               .... Respondents
                         Through:              Mr. Ajay Kumar Pandey, Sr.
                                               Panel Counsel with Mr. Bhagat
                                               Singh, GP and Mr. Piyush
                                               Mishra, Advocate
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
       HON'BLE MR. JUSTICE SAURABH BANERJEE

                          J U D G M E N T (oral)

CM APPL. 36694/2022 (exemption)

1. Allowed, subject to just exceptions.

2. The application is accordingly disposed of. W.P.(C) 12242/2022

3. 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.

4. According to petitioner, he was enrolled in Indian Air Force on

28.06.2005 and had undergone required training successfully. Petitioner had

appeared in the interview and selection to the post of Probationary Officer in

IDBI Bank after obtaining "No Objection Certificate" dated 14.01.2015

from respondent. The petitioner was offered to join the above-said post in

IDBI Bank in terms of the appointment letter dated 26.06.2015. The

petitioner stood discharged from the services of IAF on 28.07.2015 after

rendering regular service of 10 years and 1 month.

5. 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 their past services in Air Force.

6. Notice issued.

7. Mr. Ajay Kumar Pandey, 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.

8. Upon hearing, we hereby direct the 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.

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

(SURESH KUMAR KAIT) JUDGE

(SAURABH BANERJEE) JUDGE

AUGUST 24, 2022 rk