Ag Newton Reddy, Ex Cpl 791238-B vs Union Of India & Ors.
2022 Latest Caselaw 2732 Del

                          $~48
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                    Date of decision: September 01, 2022
                          +      W.P.(C) 12607/2022 & CM APPL. 38207/2022
                                 AG NEWTON REDDY, EX CPL 791238-B                ..... Petitioner
                                                  Through:     Ms. Pallawi Awasthi, Advocate

                                                  Versus

                                 UNION OF INDIA & ORS.                         ..... Respondents
                                               Through:        Ms. Anju Gupta and Ms. Geetanjli
                                                               Tyagi, Advocate

                                 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 passed by this Hon'ble Court.

2. According to petitioner, he was enrolled in Indian Air Force on

15.07.1997 and underwent required training successfully. Petitioner had

Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:03.09.2022 15:22:37 appeared in the interview and selection to the post of Apprentice

Development Officer in Life Insurance Corporation of India after obtaining

"No Objection Certificate" dated 30.09.2008 from respondents. The

petitioner was offered to join the above-said post in Life Insurance

Corporation of India in terms of the appointment letter dated 25.10.2008.

The petitioner stood discharged from the services of IAF on 07.11.2008 after

rendering regular service of 11 years, 03 months and 23 days.

3. Learned counsel for the petitioners submits that by virtue of

Notification No. 8(3)/86/A/D (Pension/Service) 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 their past

services in Air Force.

4. Notice issued.

5. Ms. Anju Gupta, learned Counsel after entering appearance, accepts

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

Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:03.09.2022 15:22:37 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 1, 2022/rr

Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:03.09.2022 15:22:37