Vishwanath C K, (Ex Cpl 764863-G) vs Union Of India & Ors.
2022 Latest Caselaw 2067 Del

$~20
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Date of decision: July 08, 2022
+      W.P.(C) 10263/2022 & CM APPLN. 29618/2022
       VISHWANATH C K, (EX CPL 764863-G)      ..... Petitioner
                   Through: Ms. Pallavi Awasthi, Advocate

                        Versus

       UNION OF INDIA & ORS.                           ..... Respondents
                     Through:        Ms. Uma Prasuna Bachu, Senior
                                     Panel Counsel for UOI with
                                     Ms.Geetanajli Tyagi, Government
                                     Pleader &
                                     Mr. Sachin Gupta (IAF), NCO IC,
                                     Legal Cell
       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.

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

31.12.1998 and undergone required training successfully. Petitioner had

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

Allahabad Bank after obtaining "No Objection Certificate" dated 04.06.2009

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

Allahabad Bank in terms of the appointment letter dated 26.06.2009. The

petitioner stood discharged from the services of IAF on 12.08.2009 after

rendering regular service of 10 years, 07 months and 13 days.

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 their past services in Air Force.

4. Notice issued.

5. Ms. Uma Prasuna Bachu, 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.

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

JULY 08, 2022 r