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HIGH COURT OF DELHI
Date of Decision: July 15, 2022
AJYA PAL OGREY, EX CPL 906879-A ..... Petitioner
Through: Ms. Pallavi Awasthi and Mr. Akshay Ravi, Advocate
Through: Mr. Manish Kumar, Sr. Panel Counsel
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 29.03.2005 and had undergone required training successfully. Petitioner appeared in the interview and selected to the post of Operation Officer in 2022:DHC:2645-DB Directorate General of Civil Aviation, Ministry of Civil Aviation after obtaining “No Objection Certificate” dated 06.07.2017 from respondents. The petitioner was offered to join the above-said post of Operation Officer in terms of the appointment letter dated 23.08.2017. The petitioner stood discharged from the services of IAF on 16.08.2017 after rendering regular service of 12 years, 4 months and 18 days.
3. Learned counsel for the petitioners submits that by virtue of Notification no. 28/30/2004-P & PW (B) dated 26.05.2005 and in terms of 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 prorata pension with arrears to the petitioner for their past services in Air Force.
4. Notice issued.
5. Mr. Manish Kumar, learned Senior Panel Counsel has entered appearance on behalf of respondents 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. 10026/2019 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.
8. Pending application also stands disposed of.
(SURESH KUMAR KAIT) JUDGE (SAURABH BANERJEE)
JUDGE JULY 15, 2022 rr