Delhi High Court
George Emmanuel And Ors. vs Union Of India And Ors. on 23 September, 2022
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: September 23, 2022
+ W.P.(C) 13791/2022 & CM APPLs. 42154/2022 & 42153/2022
GEORGE EMMANUEL AND ORS. ..... Petitioners
Through: Ms. Riya Pandey and Mr. Himanshu
Upadhyaya, Advcoates
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Himanshu Pathak, SPC, Mr.
Gurjas Singh Narula, GP, Advocates
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 petitioners have filed the present petition seeking a writ of
mandamus for directing the respondents to grant pro-rata pension in their
favour from the date of their discharge with all consequential benefits along
with interest @14% in terms of judgment dated 09.01.2016 in W.P.(C) No.
10026/2016 titled as Govind Kumar Srivastava Vs. Union of India & Ors
and judgment dated 24.11.2020 in W.P.(C) No.98/2020 titled as Brijal
Kumar &Ors. Vs. Union of India &Ors.
2. According to the facts of the present petition, petitioners after
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:26.09.2022
18:54:17
enrolling in Indian Air Force on different dates underwent the required
training successfully and stood discharged from the services of IAF on
different dates after rendering different periods of regular service. The
details whereof, qua each of the petitioners, are enumerated hereunder :
PETITIONER DATE OF DATE OF PERIOD OF
NUMBER AND ENROLMENT DISCHARGE SERVICE
NAME IN IAF FROM IAF RENDERED
GEORGE 20.06.1963 31.10.1973 10 years, 134
EMMANUEL days
MARK 11.12.1968 31.05.1980 11 years, 173
DSOUZA days
ASOKAN MV 30.06.1962 30.09.1974 12 years, 93 days
SUBHASH 08.07.1970 25.05.1980 9 years, 323 days
CHANDRA
BOSE
V K JACOB 13.04.1971 28.06.1981 10 years, 77 days
ABRAHAM 11.05.1968 16.02.1980 11 years, 282
CHACKO days
K J BABU 30.03.1964 20.04.1974 10 years, 22 days
3. Learned counsel for the petitioners submits that by virtue of
Notification 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
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:26.09.2022
18:54:17
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 petitioners herein, who are on similar
footing, for their past services in the Indian Air Force.
4. Notice issued.
5. Mr. Himanshu Pathak, learned Senior Panel Counsel has entered
appearance on advance notice and submits that the case of petitioners shall
be considered and their 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 petitioners 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 24.11.2020 in
W.P (C) No. 98/2020 passed by this Court.
7. With directions as aforesaid, the present petition is disposed of.
Pending applications are disposed of as infructuous.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
SEPTEMBER 23, 2022/rr
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:26.09.2022
18:54:17
