Delhi High Court
Cpl Vinod Singh Rawat (Retd) vs Union Of India And Ors on 19 April, 2023
NEUTRAL CITATION NUMBER: 2023:DHC:2672-DB
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 19.04.2023
+ W.P.(C) 4942/2023 & cm appl. 19149/2023
CPL VINOD SINGH RAWAT (RETD) ..... Petitioner
Through: Mr. Tatsat Shukla and Mr. Raj
Kumar, Advocates.
Versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Vivek Goyal, CGSPC with
Mr. Gokul Sharma, GP and Ms.
Aneeta Goyal, Advocates.
JWO Anil Kumar and SGT
Mritunajay, AIR FORCE
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
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 13.03.2013 with all consequential benefits along with
interest @10% on the arrears, in terms of judgment dated 09.01.2019 in
W.P.(C) No. 10026/2016.
2. According to petitioner, he was enrolled in Indian Air Force on
16.12.2002 and undergone required training successfully. Petitioner had
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:20.04.2023
18:47:08
NEUTRAL CITATION NUMBER: 2023:DHC:2672-DB
appeared in the interview and selection to the post of F&A Officer in Oil
and Natural Gas Corporation Limited (ONGC) after obtaining "No
Objection Certificate" dated 22.01.2013 from respondents. The petitioner
was offered to join the above-said post in Oil and Natural Gas Corporation
Limited in terms of the appointment letter dated 25.06.2013. The petitioner
stood discharged from the services of IAF on 21.03.2013 after rendering
regular service of 10 years, 03 months and 06 days.
3. Learned counsel for the petitioner submits that by virtue of Office
Memorandum 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 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. Mr. Vivek Goyal, Central Government Senior Panel Counsel, has
entered appearance on advance 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
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. 10026/2016 and judgment dated 08.02.2021 in
W.P (C) 9905/2019 passed by this Court.
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:20.04.2023
18:47:08
NEUTRAL CITATION NUMBER: 2023:DHC:2672-DB
7. With directions as aforesaid, the present petition is disposed of.
Pending application is disposed of as infructuous.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
APRIL 19, 2023/PA
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:20.04.2023
18:47:08
