Jaiprakash Bisht, Ex Cpl 787702-A vs Union Of India & Ors.
2022 Latest Caselaw 2204 Del

$~27
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Date of decision: July 18, 2022
+      W.P.(C) 10698/2022
       JAIPRAKASH BISHT, EX CPL 787702-A                 ..... Petitioner
                          Through:     Ms. Pallavi Awasthi, Advocate

                          versus

       UNION OF INDIA & ORS.                             .... Respondents
                          Through:     Mr. Nitinjya Chaudhary, Sr. Panel
                                       counsel with Mr. Deepak Gautam,
                                       Advocate
       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. 31063/2022 (exemption)

1. Allowed subject to all just exceptions.

2. The application is accordingly disposed of.

W.P.(C) 10698/2022

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

28.12.2004 and had undergone required training successfully. Petitioner

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

IBPS through CWE PO/MT-V after obtaining "No Objection Certificate"

dated 08.01.2016 from respondents. The petitioner was offered to join the

above-said post in Punjab National Bank in terms of the appointment letter

dated 13.06.2016. The petitioner stood discharged from the services of IAF

on 17.08.2016 after rendering regular service of 11 years and 234 days.

5. 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.

6. Notice issued.

7. Mr. Nitinjya Chaudhary, 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.

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 rk