Delhi High Court
Ajay Pal Ogrey, Ex Cpl 906879-A vs Union Of India & Ors. on 15 July, 2022
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: July 15, 2022
+ W.P.(C) 8287/2022 & CM APPL.24973/2022
AJYA PAL OGREY, EX CPL 906879-A ..... Petitioner
Through: Ms. Pallavi Awasthi and Mr. Akshay
Ravi, Advocate
versus
UNION OF INDIA & ORS. .... Respondents
Through: Mr. Manish Kumar, Sr. Panel
Counsel
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
29.03.2005 and had undergone required training successfully. Petitioner
appeared in the interview and selected to the post of Operation Officer in
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:19.07.2022
15:55:21
Directorate General of Civil Aviation, Ministry of Civil Aviation after
obtaining "No Objection Certificate" dated 06.07.2017 from respondents.
The petitioner was offered to join the above-said post of Operation Officer
in terms of the appointment letter dated 23.08.2017. The petitioner stood
discharged from the services of IAF on 16.08.2017 after rendering regular
service of 12 years, 4 months and 18 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 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 their past services in Air Force.
4. Notice issued.
5. Mr. Manish Kumar, learned Senior Panel Counsel has entered
appearance on behalf of respondents on advance notice and submits that the
case of petitioner shall be considered and his pro-rata pension shall be
released, if found eligible.
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:19.07.2022
15:55:21
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.
8. Pending application also stands disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
JULY 15, 2022
rr
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:19.07.2022
15:55:21
