Delhi High Court
Inder Pal Singh, Ex Cpl 648397 vs Union Of India & Ors. on 24 November, 2022
Neutral Citation Number: 2022/DHC/005132
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24.11.2022
+ W.P.(C) 16190/2022
INDER PAL SINGH, EX CPL 648397 ..... Petitioner
Through: Ms.Pallavi Awasthi, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mrs.Abha Malhotra, Sr. CGC 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)
CM APPL. 50653/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 16190/2022
3. 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.
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:25.11.2022
17:01
Neutral Citation Number: 2022/DHC/005132
4. According to petitioner, he was enrolled in Indian Air Force on
28.11.1977 and had undergone required training successfully. In terms of
AFO No.1/1983 dated 22.01.1983 issued by the respondents vide which it
was mentioned that Airmen irrespective of their terms of engagement are
permitted to apply for Group 'A' posts/services under Central/State Govt.
and in Central/State Government Undertakings. Accordingly, petitioner
sought permission and the same was allowed and he applied/selected as
Class I Officer in Garden Reach Shipbuilders and Engineers Limited i.e.
Government of India Undertaking after obtaining "No Objection
Certificate" from respondents. The petitioner was offered to join the above-
said post in Garden Reach Shipbuilders and Engineering Limited in terms of
the appointment letter dated 20.04.1988. The petitioner stood discharged
from the services of IAF on 14.06.1988 after rendering regular service of 10
years and 197 days of active service. The petitioner was also kept in reserve
service for two years and he stood discharged on 30.06.1990.
5. 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. 10026/2019, 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.
6. Notice issued.
7. Mrs. Abha Malhotra, learned Senior Central Government Counsel has
entered appearance on advance notice and submits that the case of petitioner
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:25.11.2022
17:01
Neutral Citation Number: 2022/DHC/005132
shall be considered and his pro-rata pension shall be released, if found
eligible.
8. 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. 10026/2019 and judgment dated 08.02.2021 in
W.P (C) 9905/2019 passed by this Court.
9. 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 24, 2022
ab
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:25.11.2022
17:01
