Delhi High Court
Sandeep Kumar Sharma, Ex ... vs Union Of India & Ors. on 12 October, 2022
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 12.10.2022
+ W.P.(C) 14460/2022 & CM. APPL. 44120/2022
SANDEEP KUMAR SHARMA, EX CPL-742410-N ..... Petitioner
Through: Ms. Pallavi Awasthi, Ms. Apurva
Singh and Ms. Krati Sharma,
Advocates
versus
UNION OF INDIA & ORS. .... Respondenta
Through: Mr. Abhishek Saket, Ms. Sanna
Harta, Advocates and Mr. Vinod
Tiwari, 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 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
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:14.10.2022
15:21
14.07.1997 and underwent required training successfully. Petitioner had
appeared in the interview and got selected to the post of Life Insurance
Corporation of India after obtaining "No Objection Certificate" from
respondents but he could not retain the copy of it but the same can be
verified/confirmed from the discharge certificate itself where the reason for
discharge is mentioned as Civil Post. The petitioner was offered to join the
above-said post of Apprentice Development Officer in LIC in terms of the
appointment letter dated 19.11.2007. The petitioner stood discharged from
the services of IAF on 11.11.2007 after rendering regular service of 10
years, 03 months and 27 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.
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:14.10.2022
15:21
4. Notice issued.
5. M. Abhishek Saket, learned counsel has entered appearance on behalf
of respondents and submits that the case of petitioner shall be considered
and his pro-rata pension shall be released, if he is 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
OCTOBER 12, 2022
rk
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:14.10.2022
15:21
