HARISH KUMAR SHARMA Vs. UNION OF INDIA

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.

(2.) According to petitioner, he was enrolled in Indian Air Force on 22/12/1983 and underwent required training successfully. Petitioner had 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 and Govt. of HP) after obtaining "No Objection Certificate" dtd. 4/1/1994 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 and PW (B) dtd. 26/7/2005 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. 10026/2016, 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 their past services in Air Force.