Ex-Cpl Jyoti Ranjan Hota vs Union Of India And Ors
2022 Latest Caselaw 2836 Del

                                               Neutral Citation Number: 2022/DHC/004788




                          $~27
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                        Date of decision: 09.11.2022
                          +      W.P.(C) 15349/2022 & CM APPL. 47649/2022
                                 EX-CPL JYOTI RANJAN HOTA                                 ..... Petitioner
                                                   Through:        Mr. Baljeet Singh and Ms. Deepika
                                                                   Sheoran, Advocates
                                                   versus

                                 UNION OF INDIA AND ORS                                   .... Respondents
                                                   Through:        Ms. Archana Surve, GP with Mr.
                                                                   Jatin Singh, Advocate for R-1
                                 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

27.06.2006 and underwent required training successfully. On completion of

10 years, 06 months and 14 days of services, petitioner obtained pre-mature

Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:11.11.2022 18:04 Neutral Citation Number: 2022/DHC/004788

discharge through proper channel to join a civil post, i.e. Assistant Collector,

under Government of Orissa. Initially, he was denied to be discharged from

service by the respondents, however, learned AFT (PB), New Delhi vide its

order dated 23.08.2016 in OA No.611/2016 directed to respondents to issue

NOC in favour of the petitioner and to discharge him from Air Force to

facilitate him in joining his new assignment by due date.

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. Ms. Archana Surve, Govt. Pleader accepts notice on behalf of Union

of India and submits that the case of petitioner shall be considered and his

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

Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:11.11.2022 18:04 Neutral Citation Number: 2022/DHC/004788

6. Though, in the present case, the petitioner took voluntary retirement

from Air Force, however, since the petitioner had already completed 10

years, 06 months 14 days of services, therefore, the relief(s) granted to the

petitioner vide judgment dated 09.01.2019 passed in Govind Kumar

Srivastava (supra) shall also be granted to the petitioner herein.

7. In view of above, we hereby direct the 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.

Pending application is disposed of as infructuous.

(SURESH KUMAR KAIT) JUDGE

(SAURABH BANERJEE) JUDGE

NOVEMBER 09, 2022 rk

Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:11.11.2022 18:04