Delhi High Court
Abinash Kumar And Anr vs Union Of India And Ors on 29 March, 2022
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: March 29, 2022
+ W.P.(C) 5186/2022 & CM APPL. 15393/2022
ABINASH KUMAR AND ANR. ..... Petitioners
Through: Mr. Vikas Tripathi & Ms. Mandavi
Pandey, Advocates
Versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
J U D G M E N T (oral)
1. The present petition has been preferred seeking a declaration that
Clause No.1 of Notification No. 8 (3) 86/A/D (Pension/Services) issued by
Government of India, Ministry of Defence dated 19.02.1987 is
Unconstitutional, ultra vires, void, illegal, arbitrary, unreasonable,
discriminatory and unsustainable, as the same extends benefits of pro-rata
pension to only commissioned officers of defence service. In addition,
quashing of letters dated 17.05.2021 & 05.10.2021 issued by the
respondents is also sought.
2. Petitioner No.1 claims to have joined the services of the Indian Air
Force as an Airman in December, 2006. He was discharged from the
services of Indian Air Force vide Order No. RO/2503/1/RW (Dis) dated
10.10.2019 on civil post grounds and thereafter, he joined University of
Bihar on the post of Assistant Professor (Political Science). He claims to
have applied for grant of pro rata pension with arrears on 04.02.2021 to the
respondents. However, the said representation was rejected by the
respondents vide its letter dated 17.05.2021.
3. Petitioner No.2 claims to have joined the services of the Indian Air
Force as an Airman on 27.06.2006. He was discharged from the services of
Indian Air Force on 08.07.2016 and joined the services in IDBI Bank,
JNIBF, Hyderabad as Assistant Manager Grade 'A'. Petitioner No.2 also
claims to have made a representation on 31.07.2021 to the respondents for
grant pro-rata pension, which was rejected by the respondents vide reply
dated 05.10.2021.
4. 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. Further
submits that in view of judgment dated 09.01.2019 in W.P.(C) No.
10026/2019, which is upheld by the Hon'ble Supreme Court, respondents be
directed to grant pro-rata pension with arrears to the petitioners for their past
services in Air Force.
5. Upon hearing, we dispose of the present petition with direction to
respondents to consider the case of petitioners 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.
6. With directions as aforesaid, the present petition is disposed of.
Pending application is disposed of as infructuous.
(SURESH KUMAR KAIT)
JUDGE
(SUDHIR KUMAR JAIN)
JUDGE
MARCH 29, 2022
r
