EX SGT ASHOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was enrolled in Indian Air Force on 14/3/1980, claims to have applied for the post of Probationary Officer in bank through proper channel; had received appointment letter dtd. 23/9/1992 and was discharged from service on 15/6/1992 after completing 12 years and 03 months of service. According to petitioner, Government of India, Ministry of Finance, Department of Ex-Servicemen Welfare, vide letter dtd. 4/11/2022 has extended benefit of pro rata pension to the JCO/Ors subject to prerequisite of 10 years qualifying service, therefore, petitioner applied for copy of "No Objection Certificate" (NOC) from respondents under the provisions of Right to Information Act, 2005; in terms whereof petitioner was permitted to appear and join civil employment. However, respondents did not provide the copy of "No Objection Certificate" on the ground that NOC was destroyed as per rules.

(2.) The petitioner further claims to have sent a legal notice dtd. 24/9/2020 to the respondents for grant of pro rata pension, which was rejected by the respondents vide letter dtd. 22/10/2020. The petitioner had thereafter invoked writ jurisdiction of this Court by filing W.P.(C) No. 4802/2021, which was disposed of vide judgment and order dtd. 19/4/2021 directing the respondents to grant benefit of pro rata pension to the petitioner in parity with similarly placed persons within twelve weeks or else pass a speaking order. The respondents thereafter passed a speaking order dtd. 17/5/2021 rejecting the claim of petitioner on the ground that there is no provision to grant pro rata pension to an airman under the applicable rules nor there is any record to establish 'no objection' was issued to him. Another legal notice dtd. 22/7/2021 sent by the petitioner for release of pro rata pension, yet again respondents vide reply dtd. 9/8/2021 refused to grant pro rata pension to petitioner.

(3.) According to petitioner, the contempt petition filed by the petitioner against the respondents for non grant of pro rata pension was dismissed vide order dtd. 22/12/2021 erroneously noting that petitioner had served 12 years and 03 months in the service. The present petition has been preferred by the petitioner seeking setting aside of reply letter dtd. 9/8/2021 given by the respondent, whereby petitioner's request for grant of pro rata pension has been dismissed.