Delhi High Court
Unnikrishnan Kl, Ex Sgt-740400-R vs Union Of India & Ors. on 21 April, 2023
NEUTRAL CITATION NUMBER: 2023:DHC:2716-DB
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21st April, 2023
+ W.P.(C) 5055/2023
UNNIKRISHNAN KL, EX SGT-740400-R ..... Petitioner
Through: Ms. Pallavi Awasthi & Ms.
Apurva Singh, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Sushil Kumar Pandey, Sr.
Panel Counsel & Mr. Kuldeep
Singh, Advocate for UOI.
Jr. Warrant Officer Anil Kumar
& SGT Mritunjay for Indian
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)
CM APPL. 19749/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 5055/2023
3. Vide the present petition, the petitioner is seeking following relief:
"a.) By issuing a writ in the nature of mandamus by directing
the respondent to grant pro-rata pension in favour of the
petitioner herein from the date of his discharge with all
consequential benefits alongwith an interest @14% in terms of
judgment dated 09.01.2019 in WP(C) No.10026/2016 and
judgment dated 08.02.2021 in WPC No.9905/2019 passed by
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:24.04.2023
12:53:39
NEUTRAL CITATION NUMBER: 2023:DHC:2716-DB
this Hbn'ble Court."
4. According to petitioner, he was enrolled in Indian Air Force on
28.07.1992 and undergone required training successfully. The petitioner was
issued "No Objection Certificate" dated 09.10.2006 by the respondents to
join the post of Apprentice Development Officer in Life Insurance
Corporation of India. The petitioner was offered to join the above-said post
as Apprentice Development Officer in Life Insurance Corporation of India
in terms of the Appointment Letter dated 27.10.2006. The petitioner stood
discharged from the services of IAF on 22.03.2007 after rendering regular
service of 14 years, 07 months and 22 days.
5. Learned counsel for the petitioners 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 his past services in the
Indian Air Force.
6. Notice issued.
7. Mr. Sushil Kumar Pandey, 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.
8. 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
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:24.04.2023
12:53:39
NEUTRAL CITATION NUMBER: 2023:DHC:2716-DB
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.
9. With directions as aforesaid, the present petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
APRIL 21, 2023
S.Sharma
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:24.04.2023
12:53:39
