Delhi High Court
Praveen Kumar, Ex Cpl 783419-H vs Union Of India & Ors. on 17 October, 2022
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 17.10.2022
+ W.P.(C) 14665/2022 & CM. APPL. 44953/2022
PRAVEEN KUMAR, EX CPL 783419-H ..... Petitioner
Through: Ms. Pallavi Awasthi, Mr. Apurva
Singh and Mr. Krati Sharma,
Advcoates
versus
UNION OF INDIA & ORS. .... Respondents
Through: JWO VK Dixit, Air Force in person
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 the petitioner, he was enrolled in Indian Air Force on
16.06.2003 and underwent required training successfully. Petitioner had
appeared in the interview and was selected to the post of Assistant
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:19.10.2022
11:24
Commandant in Central Armed Police Forces after obtaining "No Objection
Certificate" dated 16.07.2013 from respondent. The petitioner was offered to
join the post of Assistant Commandant (GD) in ITBP in terms of the
appointment letter dated 28.08.2014. The petitioner stood discharged from
the services of IAF on 23.07.2014 after rendering regular service of 11
years, 01 month and 08 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 his past services in Air
Force.
4. Notice issued.
5. JWO V.K. Dixit accepts notice 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.
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:19.10.2022
11:24
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 17, 2022
rk
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:19.10.2022
11:24
