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Ex Cpl S Sreekantan Nair v. Union Of India And Ors

Ex Cpl S Sreekantan Nair v. Union Of India And Ors

(High Court Of Delhi)

W.P.(C) 14174/2021 | 15-11-2022

1. The petitioner has filed the present petition seeking a writ of mandamus for directing the respondents for grant of pro-rata pension in favour of the petitioner from the date of his discharge with all consequential benefits along with arrears and interest.

2. Learned counsel for the petitioner submits that the petitioner after enrolling in Indian Air Force on 25.02.1977, took pre mature discharge through proper channel on 30.04.1987 to obtain a Private Pilot License (PPL) and a Commercial Pilot License (CPL) and subsequently to join a civil post i.e. Trainee Pilot in Indian Airlines which was a Public Sector Undertaking (PSU) under Government of India, and applied for a “No Objection Certificate” in November, 1985 from respondents. The petitioner stood discharged from the services of IAF on 30.04.1987 after rendering regular service of 10 years 02 months and 06 days, thereafter, he obtained a CPL and joined as a trainee pilot in the Indian Airlines dated 08.03.1988.

3. Learned counsel for the petitioner further submits that by virtue of Office Memorandum No. 28/30/2004-P & PW (B) dated 26.07.2005 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 benefits.

4. This Court vide judgment dated 09.01.2019 in W.P.(C) No. 10026/2016, titled as Govind Kumar Srivastava Vs. Union of India & Ors., has directed the respondents to grant pro-rata pension with arrears to the petitioner therein for his past services which has been upheld by the Apex Court.

5. Notice issued.

6. Mr. T. Singh, learned Central Government Senior Counsel accepts notice on behalf of respondents and submits that the case of petitioner shall be considered and his pro-rata pension shall be released, if he is found eligible.

7. Upon hearing the learned counsel for the parties, we hereby direct the respondents to consider the case of petitioner and release pro-rata pension with appropriate interest if he is found eligible, in terms of judgment dated 09.01.2019 in W.P.(C) No. 10026/2016.

8. With aforesaid directions, the present petition is disposed of. Pending application is disposed of as infructuous.

Advocate List

  • Mr. Baljeet Singh and Ms. Deepika Sheron, Advocates

  • Mr. T. P. Singh, SCGC with Mr. Miruttunjay, LO (Air Force)

Bench
  • HON'BLE MR. JUSTICE SURESH KUMAR KAIT
  • HON'BLE MR. JUSTICE SAURABH BANERJEE
Eq Citations
  • 2022/DHC/004879
  • LQ/DelHC/2022/4188
Head Note

Service Law — Pension — Pro-rata pension — Entitlement to — Petitioner discharged from Indian Air Force on 30.04.1987 after rendering regular service of 10 years 2 months and 6 days — Subsequently, he obtained a CPL and joined as a trainee pilot in Indian Airlines on 08.03.1988 — By virtue of Office Memorandum No. 28/30/2004-P & PW (B) dt. 26.07.2005 and in terms of R. 37 of CCS (Pension) Rules, 1972, all employees of Central Government entitled to grant of pro-rata pension benefits — Respondents directed to consider case of petitioner and release pro-rata pension with appropriate interest if he is found eligible — Central Civil Services (Pension) Rules, 1972, R. 37 (Para 7)