Delhi High Court
Jyothish Prabhakaran, Ex Sgt- ... vs Union Of India & Ors. on 13 September, 2022
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: September 13, 2022
+ W.P.(C) 13294/2022 & CM APPL. 40326/2022
JYOTHISH PRABHAKARAN, EX SGT- 751538 F..... Petitioner
Through: Ms. Pallavi Awasthi, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Raghvendra Shukla, SPC with
Mr. Anil Devlal Govt. Pleader 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)
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
27.12.1994 and underwent required training successfully. Petitioner had
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:14.09.2022
18:43:13
appeared in the interview and selection to the post of Graduate Engineer,
JTO in BSNL after obtaining "No Objection Certificate" dated 10.12.2008
from respondent. The petitioner was offered to join the above-said post in
Bharat Sanchar Nigam Limited (BSNL), in terms of the appointment letter
dated 08.04.2009. The petitioner stood discharged from the services of IAF
on 24.04.2009 after rendering regular service of 14 years, 03 months and 29
days.
3. Learned counsel for the petitioner submits that by virtue of
Notification No. 8(3)/86/ND (Pension/Services) dated 19.02.1987 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 his past
services in Indian Air Force.
4. Notice issued.
5. Mr. Raghvendra Shukla, learned Senior Panel Counsel has entered
appearance on advance notice on behalf of the respondents and submits that
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By:BABLOO SHAH
Signing Date:14.09.2022
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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
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 13, 2022/rr
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:14.09.2022
18:43:13
