Yes you should get the same.
Regarding pro rata pension
I served in IAF as an Airman for 11 yrs and took discharge on 2017 after getting selection in Central Armed Police Force in Gazetted Officer rank. Will I be eligible for pro rata pension as recently a case won by an Ex IAF personnel in Delhi HC. Case no WPC 10026/2016
Asked 7 years ago in Labour
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8 Answers
Dear Sir,
Pro-rata pension is given when a Govt employee is absorbed into a new organisation (PSU) in the national interest or on a closure of post. If you are in that category you are eligible for pro-rata or if you have joined due to a policy of Govt.
PRO-RATA PENSION. ... Pro-rata pension means the proportionate pension for the Government service. It is calculated as per the Government pension rules. Thepro-rata pension is paid by the Government.
The minimum eligibility period for receipt of pension is 10 years. A Central Government servant retiring in accordance with the Pension Rules is entitled to receive pension on completion of at least 10 years of qualifying service. ... Pensionis payable up to and including the date of death.
The question is that will I be eligible for pro rata pension or not. I apply for CAPF after taking NOC from AirForce and took discharge through proper channel. Pro rata pension is only applicable if absorbed in PSU? CRPF will come under this or not?
Asked 7 years ago
Yes your case is applicable for the prorata pension
Pro-rata pension is given when a Govt employee is absorbed into a new organisation (PSU) in the national interest or on a closure of post. If you are in that category you are eligible for pro-rata.
CRPF does not come under PSU
The Central Reserve Police Force (CRPF) is India's largest Central Armed Police Forces. It functions under the authority of the Ministry of Home Affairs (MHA) of the Government of India. It isalso known as a paramilitary force. ..
If possible can you post judgment cited by you
it is necessary to peruse said judgment to advice
You are not entitled but simply for your satisfaction write an application to the department they will clear the position and this will correct for the purpose.
The referred citation appears to be more appropriate to your case.
If you had obtained NOC before joining the CARP from IAF, you may fight for the pro rata pension on the basis of the referred citation.
First you apply for the same through normal channel, if rejected then you may approach armed forces tribunal with a petition seeking relief and you may quote the said judgment which is in your favor.
You are eligible for pro rata pension, it is my opinion.
The eligibility for being absorbed in PSU is one more ground that the petition filed by the writ petitioner which was allowed by high court.