Shailesh Kumar Jha vs Union Of India And Ors
2022 Latest Caselaw 2066 Del

Citation : 2022 Latest Caselaw 2066 Del
Judgement Date : 8 July, 2022

Delhi High Court

Shailesh Kumar Jha vs Union Of India And Ors on 8 July, 2022

                          $~10
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                      Date of decision: July 08, 2022
                          +      W.P.(C) 6860/2022 & CM APPL. 20871/2022
                                 SHAILESH KUMAR JHA                                ..... Petitioner
                                             Through:            Mr. Himanshu Upadhyay and Mr.
                                                                 Nishant, Advocates

                                                    Versus

                                 UNION OF INDIA AND ORS                  ..... Respondents
                                               Through: Mr. Jatin Singh and Mr. Puneet
                                                        Yadav, 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 petition seeking a direction to the

respondents to consider the case of the petitioner and grant him pro-rata

pension from the date of discharge.

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

21.04.1992 and undergone required training successfully. While in job,

petitioner had applied for post of Financial Analyst in Punjab National Bank

after obtaining "No Objection Certificate" dated 01.08.2005 from concerned

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

Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:11.07.2022 15:15:16 21.10.2005 after rendering regular service of 13 years, 06 months.

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 his past services in Air Force.

4. Notice issued.

5. Mr. Jatin Singh, learned 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.