Delhi High Court
Akabar Husen, Ex Cpl 906767-A vs Union Of India & Ors. on 18 July, 2022
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: July 18, 2022
+ W.P.(C) 7933/2022
AKABAR HUSEN, EX CPL 906767-A ..... Petitioner
Through: Ms. Pallavi Awasthi, Advocate
versus
UNION OF INDIA & ORS. .... Respondents
Through: Mr. Vivekanand Mishra, 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)
CM APPL. 31152/2022 (exemption)
1. Allowed subject to all just exceptions.
2. The application is accordingly disposed of.
CM APPL.31151/2022 (for recalling of order dated 01.06.2022.)
3. The present application has been filed by the applicant/petitioner
seeking recalling of order dated 01.06.2022.
4. On 01.06.2022, two different matters of the learned counsel for the
petitioner were listed before this Court and the learned counsel for the
petitioner in the case of LT. CDR Vikrant Malhan, Retd. VS. Union of
India & Ors. : W.P.(C) 7885/2022 had sought leave of this Court to
withdraw the said petition and the same was allowed. However, present
petition pertains to grant of pro-rata pension and the same was allowed on
01.06.2022 subject to verification. However, inadvertently, a wrong order
was passed in the present petition.
5. Notice issued.
6. Learned counsel for non-applicants/respondents accepts notice and
does not dispute the fact that inadvertently, wrong order was passed on
01.06.2022 by this Court.
7. Accordingly, the present application is allowed and the order dated
01.06.2022 passed by this Court is recalled.
8. The writ petition, W.P.(C) 7933/2022 and CM APPL.24176/2022 are
restored to their original number and position.
9. In view of above, present application stands disposed of.
W.P.(C) 7933/2022 & CM APPL.24176/2022
10. 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.
11. 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 selection to the post of GP 'A' Post having
maximum of Pay Scale not less than Rs.39, 100/- in UP Govt. through UP
PSC after obtaining "No Objection Certificate" dated 31.12.2015 from
respondents. The petitioner was offered to join the department of Sansthagat
Vitt Kar avam Nibandhan Anubhaag-1 in Uttar Pradesh Govt. in terms of
the appointment letter dated 11.08.2016. The petitioner stood discharged
from the services of IAF on 12.09.2016 after rendering regular service of 11
years 5 months and 14 days.
12. 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.
13. Notice issued.
14. Mr. Vivekanand Mishra, 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.
15. 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.
16. With directions as aforesaid, the present petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
JULY 18, 2022
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