Delhi High Court
Ex-Cpl. Om Prakash Pandey vs Union Of India And Ors on 25 February, 2022
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3451/2022
EX-CPL. OM PRAKASH PANDEY ..... Petitioner
Through: Mr.Baljeet Singh with Ms.Deepika
Sheoran, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Bhagwan Swarup Shukla, CGSC for
UOI.
% Date of Decision: 25th February, 2022
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J (Oral):
C.M.No.10109/2022
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) No.3451/2022
1. Present writ petition has been filed challenging the order dated 14th
January, 2022. Petitioner also seeks a direction to the Respondents to grant
Pro-rata Pension from the date of discharge i.e., 11th December, 2007.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:28.02.2022
13:32:02
2. Learned counsel for the Petitioner states that vide the impugned order
dated 14th January, 2022, Petitioner's representation for grant of Pro Rata
Pension was rejected on the following grounds:
i) There is no provision for grant of Pro Rata Pension to an Air
Man in the Pension Regulations for the Air Force, 1961.
ii) The minimum years of qualifying service for grant of Pro
Rata Pension is 15 years, whereas the Petitioner has only
completed twelve years, 112 days in service and was
discharged from service under the clause "At his own request
before fulfilling the conditions of Enrolment. He was thus
eligible for Service Gratuity and Death-Cum-Retirement-
Gratuity (DCRG) in terms of Pension Regulation 127, which
has already been paid to him at the time of discharge".
iii) Grant of Pro Rata Pension in the orders passed by this Court
in other matters are only in favour of the individuals
concerned.
3. Learned Counsel for the Petitioner relies upon a decision passed by
this Court in Govind Kumar Srivastava Vs. Union of India and Ors.
WP(C) 10026/2016 decided on 09th January, 2019.
4. Issue notice. Mr.Bhagwan Swarup Shukla, CGSC accepts notice on
behalf of the Respondents-UOI.
5. This Court is of the view that in Govind Kumar Srivastava (supra), it
has been conclusively held that the benefit of pro rata pension should be
given to PBORs/NCOs like the Petitioner.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:28.02.2022
13:32:02
6. In Govind Kumar Srivastava (supra), it has been clarified that the pro
rata pension is premised on the fact that the government servant or officer in
question has not completed the full period of qualifying service for grant of
full pension in terms of the applicable pension rules. Therefore, what is
granted is only pension on pro rata basis i.e. commensurate with the years of
service completed.
7. It is pertinent to mention that in the case of Commissioned Officers of
IAF, the minimum period to be completed in service for grant of pro rata
pension is ten years, which the Petitioner has completed.
8. Further, the judgment in Govind Kumar Srivastava (supra) is a
judgment in rem and is applicable to all similarly situated persons.
9. At this stage, learned counsel for the Respondents states that the
Respondents will only grant pro rata pension to the Petitioner subject to
verification i.e. upon production of No Objection Certificate.
10. Learned counsel for the Petitioner states that the Petitioner has lost his
No Objection Certificate. He, however, relies upon the Discharge
Certificate/Order dated 02nd July, 2010, in which it is specifically mentioned
that the ground for discharge was that the Petitioner wished to apply for civil
post.
11. Consequently, the Respondents are directed to examine the Discharge
Certificate/Order and consider the Petitioner's request for grant of pro rata
pension.
12. Accordingly, the impugned order dated 14th January, 2022 is quashed
and the Respondents are directed to re-consider the Petitioner's request for
pro rata pension on the basis of Discharge Certificate/Order dated 02nd July,
2010.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:28.02.2022
13:32:02
13. With the aforesaid directions, present writ petition stands disposed of.
MANMOHAN, J
NAVIN CHAWLA, J
FEBRUARY 25, 2022
KA
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:28.02.2022
13:32:02
