Delhi High Court
Dinesh Rana, Ex Cpl 770490-R vs Union Of India & Ors. on 18 July, 2022
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: July 18, 2022
+ W.P.(C) 10697/2022
DINESH RANA, EX CPL 770490-R ..... Petitioner
Through: Ms. Pallavi Awasthi, Advocate
versus
UNION OF INDIA & ORS. .... Respondents
Through: Mr. Pavan Narang and Mr. Himanshu
Sethi, Advocates
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. 31062/2022 (exemption)
1. Allowed subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 10697/2022
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. Learned counsel for petitioner submits that the petitioner was enrolled
in Indian Air Force on 05.08.1984 and underwent required training
successfully. Petitioner had appeared in the interview and selection to the
post of Junior Accountant in Power Grid Corporation of India Ltd. after
obtaining "No Objection Certificate" dated 24.06.2005 from respondents.
The petitioner was offered to join the above-said post in Power Grid
Corporation of India Ltd. in terms of the appointment letter dated
30.06.2005. The petitioner stood discharged from the services of IAF on
02.08.2005 after rendering regular service of 11 years and 27 days.
5. Learned counsel for the petitioner further 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. Pavan Narang, learned 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.
8. 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.
9. With directions as aforesaid, the present petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
JULY 18, 2022
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