(1.) RULE. Heard forthwith. The petitioner had applied for an interim relief at the stage of admission. While admitting the matter, the learned Division Bench of this Court by its order dated 19-1-2000 by way of an interim order, directed the respondents to restore the monthly pension of the petitioner which was Rs. 5,528/- with effect from 1st january, 2005. Statement on behalf of the petitioner was recorded that in the event that note (1) of paragraph 5 (b) of the Central Government's letter dated 30th October, 2007 is held to be applicable to the petitioner, petitioner would refund those amounts to the Union of India. The respondents aggrieved preferred special Leave Petition before the Supreme Court. The Appeal being C. A. No. 3780 of 2006 was heard and the interim order of this Court was set aside with a further direction to dispose of the petition. At the hearing of the appeal on behalf of the respondents herein, attention of the Hon'ble Supreme Court was drawn to the judgment of Union of India vs. A. S. GAnguli and ors. , (2007) 6 SCC 196 to contend that the grievance raised in the petition would be covered by the said judgment. The Hon'ble Supreme Court did not answer the said contention and left the issue open for consideration before this Court.
(2.) THIS matter was placed before this Bench for the first time for hearing on 10-11-2008. With the consent of the parties, the matter was heard on 11-11-2008 and 12-11-2008, when the judgment was pronounced.
(3.) A few relevant facts may now be set out. The petitioner joined the indian Air force and was commissioned as an Officer in 1946 and served the Air force with distinction for over 20 years. Petitioner was an extremely distinguished sportsman, having won an Olympic Gold Medal for hockey in 1956 and Asian Games Gold Medal in Athletics in 1951. In 1965, Air India requested the Indian Air Force to release some of its pilots in the Public interest to be inducted in Air India. The petitioner along with 10 other officers of the General duties (Pilots) Branch was recommended by Air Headquarters and selected by air India for an initial deputation of one year effective from 1st December, 1965 vide letter dated 21-11-1966. The petitioner along with other officers subsequently were absorbed in Air India. They were permitted to retire prematurely as on 1-12-1966 from the Air Force. Petitioners contend that they are entitled to full benefits of their past service but there was no carry forward of the seniority or other benefit in Air india as their absorption into Air India did not come under the purview of the orders governing absorption of Government officers or Permanent Civil Servants in Public undertakings. Petitioner having served for 20 years and 7 months in the indian Air Force was accordingly entitled to and given proportionate pension against full qualifying service of 22 years. The in built weightage element of service pension was confirmed vide Ministry of Defence letter No. 32 (1)/77/d (Pensions/services) dated 10th April, 1978 to those officers who had 20 years or more of qualifying service and retired before 10th April, 1978.