Delhi High Court
Umesh Prasad Sah, Ex Cpl 692204-S vs Union Of India & Ors. on 17 May, 2022
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: May 17, 2022
+ W.P.(C) 6359/2022 & CM APPL.19214/2022
UMESH PRASAD SAH, EX CPL 692204-S ..... Petitioner
Through: Ms. Pallavi Awasthi, Advocate.
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Raj Kumar Yadav and
Mr.Abhigyan Siddhant, Advocates
with Mr. Abhigyan Siddhant, GP for
UOI.
JWO Sadhu Ram, AF (DAV)
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 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. 10026/2019 and judgment dated 08.02.2021 in
W.P (C) 9905/2019 passed by this Court.
2. 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
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:23.05.2022
11:44:02
submits that the petitioner was enrolled in Indian Air Force on 24.12.1983
and he stood discharged from services of IAF on 31.03.1995 serving 11
years, 02 months and 06 days of regular service. Therefore, it is prayed that
respondents be directed to issue pro-rata pension to petitioner.
3. Notice issued.
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 also stands disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SUDHIR KUMAR JAIN)
JUDGE
MAY 17, 2022/j
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:23.05.2022
11:44:02
