Emandi A R Ajay Kumar, Ex Sgt ... vs Union Of India & Ors.
2022 Latest Caselaw 1388 Del

$~35
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                             Date of decision: 09.05.2022
+      W.P.(C) 7183/2022
       EMANDI A R AJAY KUMAR, EX SGT 765880-S ..... Petitioner
                     Through: Ms.Pallavi Awasthi, Adv.

                          versus

       UNION OF INDIA & ORS.                            ..... Respondents
                     Through:          Mr.Kamal Kant Jha, Senior Panel
                                       Counsel with Mr.Sadhu Ram, JWD.

       CORAM:

       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
       HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

                          J U D G M E N T (oral)

CM APPL. 22012/2022 (exemption)

1. Allowed, subject to just exceptions.

2. The application is accordingly disposed of.

W.P.(C) 7183/2022

3. The present petition has been preferred seeking a direction to the

respondents to grant pro-rata pension to the petitioner from the date of his

discharge with all consequential benefits 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) 9905/2019 passed by this Court.

4. Learned counsel for petitioner has submitted that vide Notification

No. 8(3)/86/A/D (Pension/Services) dated 19.02.1987 and further, by

circular No.A/49738/AG/PS4(c)/689/A/D(Pens/Sers) dated 21.04.1988

issued by the Government of India/Ministry of Defence, officers with not

less than 10 years of qualifying service are entitled to receive pro-rata

pension worked out under the method specified. Learned counsel further

submitted that the petitioner was enrolled in Indian Air Force (IAF) on

08.03.1991 and he stood discharged from services of IAF on 06.07.2005

after serving for 14 years, 03 months and 28 days. Therefore, it is prayed

that respondents be directed to issue pro-rata pension to the petitioner.

5. Notice issued.

6. Mr. Kamal Kant Jha, learned Senior Panel Counsel has entered

appearance on advance notice and submits that the case of the petitioner

shall be considered and his pro-rata pension shall be released, if found

eligible.

7. In view of aforesaid, we hereby 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. 10026/2016 and judgment dated

08.02.2021 in W.P (C) 9905/2019 passed by this Court.

8. With directions as aforesaid, the present petition is disposed of.

(SURESH KUMAR KAIT) JUDGE

(SUDHIR KUMAR JAIN) JUDGE

MAY 09, 2022 ab