R Kartikeyan Iyer, Ex ... vs Union Of India & Ors.
2022 Latest Caselaw 2123 Del

                           $~1
                           *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                           %                                    Date of decision: 07.09.2022
                           +      W.P.(C) 12430/2022 & CM.APPL.37378/2022
                                  R KARTIKEYAN IYER, EX SGT-783367-R              ..... Petitioner
                                                   Through:     Ms. Pallavi Awasthi and Mr. Akshay
                                                                Ravi, Advocates
                                                   versus

                                   UNION OF INDIA & ORS.                          ..... Respondents
                                                   Through:     Ms. Archana Gaur and Ms. Mansi
                                                                Gupta, Advocates with Mr. Devvrat
                                                                Yadav, GP and JWO N.K. Dikshit

                                  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

16.06.2003 and underwent required training successfully. Petitioner had

Signature Not Verified Digitally Signed By:PREM BALA CHHABRA Signing Date:09.09.2022 11:31 appeared in the interview and selection to the post of Security Officer in

ONGC Ltd. after obtaining "No Objection Certificate" in December, 2017

from respondents. The petitioner was offered to join the above-said post in

ONGC Ltd. in terms of the appointment letter dated 31.01.2018. The

petitioner stood discharged from the services of IAF on 12.03.2018 after

rendering regular service of 14 years, 08 months and 24 days.

3. 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.

4. Notice issued.

5. Ms. Archana Gaur, learned counsel for respondents accepts notice and

submits that the case of petitioner shall be considered and his pro-rata

pension shall be released, if found eligible.

6. Upon hearing, we dispose of the present petition with direction to

Signature Not Verified Digitally Signed By:PREM BALA CHHABRA Signing Date:09.09.2022 11:31 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.

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

SEPTEMBER 07, 2022 rk

Signature Not Verified Digitally Signed By:PREM BALA CHHABRA Signing Date:09.09.2022 11:31