Harish Kumar Sharma, Ex Cpl ... vs Union Of India & Ors.
2022 Latest Caselaw 2743 Del

                                               Neutral Citation Number: 2022/DHC/004564




                          $~30
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                        Date of decision: 01.11.2022
                          +      W.P.(C) 15087/2022 & CM. APPL. 46611/2022
                                 HARISH KUMAR SHARMA, EX CPL 678608-A .... Petitioner
                                                   Through:        Ms. Pallavi Awasthi and Mr. Akshay
                                                                   Ravi, Advocates
                                                   versus

                                 UNION OF INDIA & ORS.                                    .... Respondents
                                                   Through:        Mr. Santosh Kr. Pandey, Mr. R.M.
                                                                   Tripathi, Advocates and JWO V.K.
                                                                   Dixit

                                 CORAM:
                                 HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                 HON'BLE MR. JUSTICE SAURABH BANERJEE

                                                   J U D G M E N T (oral)

1. 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.

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

22.12.1983 and underwent required training successfully. Petitioner had

Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:01.11.2022 17:11 Neutral Citation Number: 2022/DHC/004564

appeared in the interview and selection to the post of Assistant Engineer

(Construction) in Nethpa Jhakri Power Corporation Limited (A Joint

Venture of Govt of India & Govt. of HP) after obtaining "No Objection

Certificate" dated 04.01.1994 from respondent. After being successful in the

abovesaid post of Assistant Engineer (Construction), petitioner was offered

to join the above-said post. The petitioner stood discharged from the

services of IAF on 11.11.2007 after rendering regular service of 10 years, 01

month and 09 days.

3. Learned counsel for the petitioner submits that by virtue of Office

Memorandum No. 28/30/2004-P & PW (B) dated 26.07.2005 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. 10026/2016,

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.

4. Notice issued.

5. Mr. Santosh Kr. Pandey, learned counsel has entered appearance on

Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:01.11.2022 17:11 Neutral Citation Number: 2022/DHC/004564

behalf of respondents and has submitted that the case of petitioner shall be

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

6. 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. 10026/2016 and judgment dated 08.02.2021 in

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

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

Pending application is disposed of as infructuous.

(SURESH KUMAR KAIT) JUDGE

(SAURABH BANERJEE) JUDGE

NOVEMBER 1, 2022 rk

Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:01.11.2022 17:11