LAWS(DLH)-2022-8-128

AMBARISH KUMAR SINGH Vs. UNION OF INDIA

Decided On August 17, 2022
Ambarish Kumar Singh Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(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 dtd. 9/1/2019 in W.P.(C) No. 10026/2016 and judgment dtd. 8/2/2021 in W.P.(C) No. 9905/2019 passed by this Court.

(2.) According to petitioner, he was enrolled in Indian Air Force on 4/11/1986 and underwent required training successfully. Petitioner had appeared in the interview and selection for Group 'A' post offered by the Banking Service Recruitment Board Southern Region Banglore- 560052 after obtaining 'No Objection Certificate' dtd. 12/12/1997 from respondent. The petitioner was therefore offered to join the post of Probationary Official Language Officer in Corporation Bank in terms of the appointment letter dtd. 24/11/1997. The petitioner stood discharged from the services of IAF on 31/12/1997 after rendering regular service of 11 years, 01 month and 26 days.

(3.) Learned counsel for the petitioner submits that by virtue of Notification no. 28/30/2004-P and PW (B) dtd. 26/5/2005 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 dtd. 9/1/2019 rendered in W.P.(C) No. 10026/2019, titled as Govind Kumar Srivastava Vs. Union of India and 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 Indian Air Force.