ABINASH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred seeking a declaration that Clause No.1 of Notification No. 8 (3) 86/A/D (Pension/Services) issued by Government of India, Ministry of Defence dtd. 19/2/1987 is Unconstitutional, ultra vires, void, illegal, arbitrary, unreasonable, discriminatory and unsustainable, as the same extends benefits of pro-rata pension to only commissioned officers of defence service. In addition, quashing of letters dtd. 17/5/2021 and 5/10/2021 issued by the respondents is also sought.

(2.) Petitioner No.1 claims to have joined the services of the Indian Air Force as an Airman in December, 2006. He was discharged from the services of Indian Air Force vide Order No. RO/2503/1/RW (Dis) dtd. 10/10/2019 on civil post grounds and thereafter, he joined University of Bihar on the post of Assistant Professor (Political Science). He claims to have applied for grant of pro rata pension with arrears on 4/2/2021 to the respondents. However, the said representation was rejected by the respondents vide its letter dtd. 17/5/2021.

(3.) Petitioner No.2 claims to have joined the services of the Indian Air Force as an Airman on 27/6/2006. He was discharged from the services of Indian Air Force on 8/7/2016 and joined the services in IDBI Bank, JNIBF, Hyderabad as Assistant Manager Grade 'A '. Petitioner No.2 also claims to have made a representation on 31/7/2021 to the respondents for grant pro-rata pension, which was rejected by the respondents vide reply dtd. 5/10/2021.