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HIGH COURT OF DELHI
Date of Decision: September 23, 2022
GEORGE EMMANUEL AND ORS. ..... Petitioners
Through: Ms. Riya Pandey and Mr. Himanshu Upadhyaya, Advcoates
Through: Mr. Himanshu Pathak, SPC, Mr. Gurjas Singh Narula, GP, Advocates
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
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 2022:DHC:3876-DB 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 NUMBER AND NAME DATE OF ENROLMENT IN IAF DATE OF DISCHARGE FROM IAF PERIOD OF SERVICE RENDERED GEORGE EMMANUEL 20.06.1963 31.10.1973 10 years, 134 days MARK DSOUZA 11.12.1968 31.05.1980 11 years, 173 days ASOKAN MV 30.06.1962 30.09.1974 12 years, 93 days SUBHASH CHANDRA BOSE 08.07.1970 25.05.1980 9 years, 323 days V K JACOB 13.04.1971 28.06.1981 10 years, 77 days ABRAHAM CHACKO 11.05.1968 16.02.1980 11 years, 282 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 Govind Kumar Srivastava Vs. Union of India & Ors., which has been upheld by the Hon’ble Supreme Court, respondents be directed to grant prorata 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