All govt servant (including armed forces) are now eligible for pro rate pension if served more than 10 years before joining any public sector or central/state govt.
Armed Forces personnel (JCO/NCO) NON COMMISSINED RANKS got appointment in PSU/Bank OR State/Central Govt, on the basis of own application sent through proper channel in response to advertisements. Based on this selection, appeared for interview and proceeded discharge through regular channel are eligible for Pro-rata pension in terms of MoD Circular dt. 19 Feb 1987 (Para-2 ii), vide which earlier only commissioned officers are granted the benefit of pro-rata pension and not conferred to Airmen similar benefits & discrimination indeed is made out, as held by Hon’ble Delhi High Court in WPC/98/2020 titled Brijlal Kumar & Ors vs UoI and others.
Earlier Hon’ble Delhi High Court pleased allow Pro-rata Pension to Cpl Govind Kr. Srivastava, Retd in WPC/10026/2016 vide its judgment dated 09 Jan 2019, in terms said MoD circular dated 19 Feb 1987 and declared it discriminatory/Ultra-Vires, as it is badly hit by Article 14/16&21 of the Constitution & the Hon’ble Supreme Court already dismissed the Appeal filed by Union/IAF in GK Srivastava(Supra). More than 200 Orders were passed by Delhi High Court & already been implemented by the IAF, thus matter attain finality. On 24 Nov 2020, in Brijlal Kumar & Ors (40 similar petitioners), allowed similar benefit by Hon’ble DHC after dealing with all the Question of LAW, left open in GK Srivastava Case by the Hon’ApeX Court, also referred the detailed judgment of AFT dt. 29 Sep 2020, rejecting similar request of 06 airmen.
the Law with regard to Pro-rata pension has been well established and settled by the orders of the Hon’ble Supreme Court vie its reportable judgment as JT 1994 SC 307 TS THIRUVENGDAN vs UoI, based on which Pro-rata pension was allowed by Hon’ble High Court vide judgment dated 09Dec 1994 in the matter of RD Sharma & Others vs UoI. Accordingly, Govt/IAF issued sanction order in favour of all the 22 petitioner vide letter No. Air HQ/41003/802/PA-III dated 14 Sep 1995. A similar relief was given by the Hon’ble High Court in Civil Writ No. 2812/97 on 17 Jul 1997 in KG Nambiar vs UoI & Ors. In similar case in OA No.04/2013 filed by Cpl Padmanabhan PK, Kochhi Bench of Hon’ble AFT, referring Order of Delhi High Court order passed in Writ Petition No. 3471/1996 Ex Sgt SS Kalan.
Delhi High Court in Ex-Cpl Govind Srivastava held that ‘the IAF failing to answer the principal challenge by the petitioner to discriminatory part of the Circular/letter dated 19 Feb 1987 to give benefit of Pro-rata only to commissioned officer, the court has no hesitation in holding that the denial in terms of the said letter/circular of the benefit of pro-rata pension to PBORs/NCO like the applicant is violative of Article 14 of the Constitution.”