Delhi High Court
Madasu Sampath Kumar vs Union Of India And Ors. on 2 November, 2022
Neutral Citation Number: 2022/DHC/004661
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 02.11.2022
+ W.P.(C) 2782/2019
MADASU SAMPATH KUMAR ..... Petitioner
Through: Ms.Chhavi Yadav, Advocate for
Mr.Ajit Kakkar, Advocate.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr.Harish Vaidyanathan Shankar,
CGSC with Mr.Srish Kumar Mishra,
Mr.Sagar Mehlawat & Mr.Alexander
Mathai Paikaday, Advs. for UOI.
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 from IAF.
2. According to petitioner, he was enrolled as airmen in the Indian Air
Force on 14.11.1995 and undergone required training successfully.
Petitioner applied and cleared all the examinations in the selection process
for the post of Probationary Officer under the Union Bank of India through
proper channel with due permission from respondents. The petitioner was
offered to join the above-said post in Union Bank of India in terms of the
appointment letter dated 03.03.2007, through which he was directed to join
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:04.11.2022
16:50
Neutral Citation Number: 2022/DHC/004661
the services of the bank by 20.03.2007. However, due to some service
exigencies, he could not join on the said date and he submitted an
application dated 12.03.2007 seeking extension of joining time and the same
was acceded to by the said bank and his date of joining was extended upto
21.04.2007. The petitioner stood discharged from the services of IAF on
27.03.2007 after rendering regular service of 11 years, 04 months and 11
days.
3. Learned counsel for the petitioner 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. 10026/2016, 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.Harish Vaidyanathan Shankar, learned Central Government
Standing Counsel has entered appearance on advance notice and submits
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. We hereby make it clear that respondents shall send a communication
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:04.11.2022
16:50
Neutral Citation Number: 2022/DHC/004661
to the petitioner for completion of formalities and the same shall be
submitted by the petitioner within one week thereafter. On receipt of the
documents, final decision shall be taken by the respondents within four
weeks thereafter.
8. 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 02, 2022/ab
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:04.11.2022
16:50
