Ajay Kumar Goel vs Union Of India And Ors
2022 Latest Caselaw 2194 Del

                          $~24
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                      Date of decision: September 13, 2022
                          +      W.P.(C) 1999/2022 & CM APPL. 40358/2022
                                 AJAY KUMAR GOEL                                   ..... Petitioner
                                                   Through:      Mr. Nawneet K. Mishra, Advocate.

                                                   versus

                                 UNION OF INDIA AND ORS.                           .... Respondents
                                                   Through:      Ms. Manisha Agrawal Narain, CGSC
                                                                 with Mr. Sandeep Singh Somaria, Ms.
                                                                 Rakshita Goyal, Advocates with JWO
                                                                 V.K. Dixit, Air Force.
                                 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 @10% on the arrears, in line with the squarely

covered judgement of this Hon'ble Court titled as Govind Kr. Srivastava Vs

UOI and Brijlal Kumar Vs. UOI and quashing and setting aside the

impugned speaking order dated 25.03.2021 and communication dated

24.06.2021 passed by the respondent.

Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:14.09.2022 18:43:13

2. According to petitioner, after enrolling in Indian Air Force on

03.10.1980, he had appeared in the interview and selection to the post of

Executive Engineer at PSU, Punjab Wireless Systems Ltd. (PUNWIRE) at

Mohali, Chandigarh after obtaining "No Objection Certificate" dated

17.06.1991 from respondent. The petitioner was then offered to join the

above-said post in PUNWIRE in terms of the appointment letter dated

14.05.1991 and stood discharged from the services of IAF on 21.06.1991

after rendering regular service of 10 years.

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 his past services in Air Force.

4. Notice issued.

5. Mr. Nawneet K. Mishra, Advocate has entered appearance on advance

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

Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:14.09.2022 18:43:13 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/So

Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:14.09.2022 18:43:13