Delhi High Court dismissed writ petition filed to seek for “pro rata pension” by Indian Air Force Officers who didn’t have the required years


Rajeev Nambiar and ors



+w.p.(c) 6573/2022 & CM APPL 19992/2022

Delivered on October 2023



A petition is filed in front of the Delhi High Court seeking pro rata pension now it shall be assessed whether the petitioners herein are entitled to ” pro rata pension” from the date of their respective discharge or not.

Facts of the case

the Petitioners, they had, themselves, never sought discharge from the Indian Air Force and despite spending their prime in the Indian Air Force in most adverse conditions, their services were abruptly terminated on the grounds of unsuitability and such action of the Indian Air Force cannot deny them their right to get the pension. They also pray that the pre-conditions as laid down in letter no. 8 (3)/86/A/D (Pension/Services) of Ministry of Defence dated 19th February 1987 for grant of „pro rata pension‟ only in case of joining Central Public Enterprises (CPE) be struck down as discriminatory and violative.

Respondents have, on the other hand, submitted that the petitioners are governed by “Pension Regulations for the Air Force 1961” and as per Regulation 121, the minimum qualifying service for earning a „regular pension‟ is 15 years. Since the petitioners have been in service for less than 15 years, they are not eligible to seek any pension as per the aforesaid statutory provision. It is also claimed that, even otherwise, petitioners‟ contention for grant of „pro rata pension‟ is bereft of any substance as they were discharged, being unsuitable for retention in Air Force, and not because they were absorbed or to be absorbed by any Central Public Enterprise or Public Sector Undertaking.

Case of  T.S. Thiruvengadam v. Secy. to Govt. of India, (1993) 2 SCC 174, referred by the High Court in command

Court analysis and decision

The court in command noted that there is no discrimination on unequal treatment has been found by the respondent side.

Therefore the petition stands dismissed

No order as to costs

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Written By

Kaulav roy chowdhury

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