Sanjay Kumar vs Union Of India And Ors
2022 Latest Caselaw 2533 Del

Citation : 2022 Latest Caselaw 2533 Del
Judgement Date : 12 October, 2022

Delhi High Court

Sanjay Kumar vs Union Of India And Ors on 12 October, 2022

                           $~37
                           *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                           %                                         Date of decision: 12.10.2022
                           +      W.P.(C) 14445/2022 & CM. APPL. 44065/2022
                                  SANJAY KUMAR                                         ..... Petitioner
                                                     Through:      Mr. Ankur Chhibber and Mr. Nikunj
                                                                   Arora, Advocates
                                                versus
                                  UNION OF INDIA AND ORS                    .... Respondents
                                                Through: Ms. Reema Khorana, Sr. Panel
                                                          Counsel with Mr. Vikash Kumar, Mr.
                                                          Garvil Singh, Advocates and Mr.
                                                          Chitvan Singhal, GP
                                  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 quashing the letter

dated 31.08.2022 issued by the respondents rejecting the request of the

petitioner for grant of pro rata pension; a writ of mandamus directing the

respondents to grant pro-rata pension in favour of the petitioner from the

date of his discharge with all consequential benefits i.e. 28.05.1998 in terms

of judgment dated 24.11.2020 passed by this Hon'ble Court in W.P. (C)

No.98/2020 as well as other judgments passed by this Court as well as the

Hon'ble Supreme Court.

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

Signature Not Verified Digitally Signed By:PREM BALA CHHABRA Signing Date:14.10.2022 15:21 18.01.1988 and underwent required training successfully. Petitioner had

appeared in the interview and was selected to the post of Probationary

Officer in Associate Bank of SBI (State Bank of Patiala) after obtaining "No

Objection Certificate" dated 03.11.1997 from respondents. The petitioner

was offered to join the above-said post in Associate Bank of SBI, State Bank

of Patiala in terms of appointment letter dated 17.04.1998. The petitioner

stood discharged from the services of IAF on 28.05.1998 after rendering

regular service of 10 years, 04 months and 10 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. Ms. Reema Khorana, learned Senior Panel Counsel has entered

Signature Not Verified Digitally Signed By:PREM BALA CHHABRA Signing Date:14.10.2022 15:21 appearance on behalf of the respondents and has submitted that the case of

petitioner shall be considered and his pro-rata pension shall be released, if he

is found eligible.

6. Upon hearing, learned counsel for the parties and on perusal of the

material placed on record, we find that this Court in W.P.(C) No.

10026/2016, titled as Govind Kumar Srivastava Vs. Union of India & Ors.,

has granted pro-rata pension and the case of the petitioner herein is similar

thereto.

7. In view of the above, 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.