JYOTHISH PRABHAKARAN 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 27/12/1994 and underwent required training successfully. Petitioner had appeared in the interview and selection to the post of Graduate Engineer, JTO in BSNL after obtaining "No Objection Certificate" dtd. 10/12/2008 from respondent. The petitioner was offered to join the above-said post in Bharat Sanchar Nigam Limited (BSNL), in terms of the appointment letter dtd. 8/4/2009. The petitioner stood discharged from the services of IAF on 24/4/2009 after rendering regular service of 14 years, 03 months and 29 days.

(3.) Learned counsel for the petitioner submits that by virtue of Notification No. 8(3)/86/ND (Pension/Services) dtd. 19/2/1987 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. 10026/2019, 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 his past services in Indian Air Force.