Full Text
HIGH COURT OF DELHI
Date of Decision: 01.11.2022
HARISH KUMAR SHARMA, EX CPL 678608-A .... Petitioner
Through: Ms. Pallavi Awasthi and Mr. Akshay Ravi, Advocates
Through: Mr. Santosh Kr. Pandey, Mr. R.M.
Tripathi, Advocates and JWO V.K.
Dixit
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
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.
2. According to petitioner, he was enrolled in Indian Air Force on 22.12.1983 and underwent required training successfully. Petitioner had 17:11 appeared in the interview and selection to the post of Assistant Engineer (Construction) in Nethpa Jhakri Power Corporation Limited (A Joint Venture of Govt of India & Govt. of HP) after obtaining “No Objection Certificate” dated 04.01.1994 from respondent. After being successful in the abovesaid post of Assistant Engineer (Construction), petitioner was offered to join the above-said post. The petitioner stood discharged from the services of IAF on 11.11.2007 after rendering regular service of 10 years, 01 month and 09 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. Santosh Kr. Pandey, learned counsel has entered appearance on 17:11 behalf of respondents and has submitted 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.
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 NOVEMBER 1, 2022 17:11