High Court of DelhiW.P.(C)/9529/2019

Ram Pravesh Kumar Singh v. Union Of India And ORS.

2020-01-15Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Talwant Singh2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9529/2019 and CM APPL. 1474/2020 (delay) RAM PRAVESH KUMAR SINGH ..... Petitioner Through:

Ms. Pallavi Awasthi, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Ms. Barkha Babbar, Advocate.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 15.01.2020

1. The Petitioner who got discharged from the Indian Air Force ('IAF') and was subsequently absorbed in the IDBI Bank has approached this Court by way of this petition for setting aside a letter dated 10th July, 2019 issued by the Air Headquarters ('AHQ') rejecting his request for grant of pro rata pension.

2. The background facts, as far as the present petition is concerned, are that the Petitioner was enrolled in the IAF on 12th January, 2004. On 16th January, 2015, the AHQ issued a No Objection Certificate ('NOC') wherein it was mentioned that the AHQ did not have any objection to the Petitioner appearing for an interview for the post of Probationary Officer ('PO') in the IDBI Bank. After he was selected for the post of PO in the IDBI Bank, the Petitioner stood discharged from the services of the IAF in terms of a discharge certificate dated 20th July, 2015.

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3. On 25th June, 2019, the Petitioner applied to the AHQ for grant of pro rata pension. This request however came to be declined by the impugned letter dated 10th July, 2019.

4. The case of the Petitioner herein is covered by the decisions of this Court dated 9th January, 2019 in W.P.(C) 10026/2016 (Govind Kumar Srivastava v. Union of India) and 11th December, 2019 in W.P.(C) 5642/2019 (Mohammad Israr Khan v. Union of India), as well as the order passed by the Court today in W.P.(C) 9524/2019 (Rakesh Kumar v. Union of India).

5. In that view of the matter, a direction is issued to the Respondents to grant the Petitioner pro rata pension from the date of his discharge, with arrears being paid not later than 12 weeks from today, failing which the Respondents would be liable to pay simple interest at the rate of 6% per annum on the said sum for the period of delay.

6. The petition is allowed in the above terms. The pending application is disposed of.

S. MURALIDHAR, J.

TALWANT SINGH, J.

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