Delhi High Court notice to Centre, Indian Air Force on plea challenging different pension rules

The Delhi High Court on Monday issued notices to the Central government and the Indian Air Force on a petition challenging the different pension rules for Officers and Airmen (Shiva Nand Mishra v Union of India and Ors)..A Bench of Justices Manmohan and Navin Chawla issued notices and gave the respondents four weeks to file their replies including on the maintainability of the petition.The petition was filed by Shiva Nand Mishra who was dismissed from service in April 2017 by Court-Martial under section 40(c) and 41 of the Air Force Act.Mishra said that following his dismissal, his pension and gratuity were stopped prompting him to challenge the legality of Regulation 102(a) of the Pension Regulations for the Air Force, 1961..According to the petition, while Regulation 16(a) allows pension and gratuity for dismissed Air Force Officers, Regulation 102(a) says that airmen dismissed from service forfeit their pension and gratuity in respect of all the previous services. The petitioner argued that the regulation is arbitrary and violates Articles 14, 21 and 300A of the Constitution.“There cannot be different class within the class of dismissed/convicted personnel/employee. Regulation 16 (a) and 102 (a)of the Regulations create different classes of dismissed personnel; dismissed officer and dismissed airmen extending welfare approach towards the officers, their spouse and children who is dismissed from the service and taking very harsh inhuman approach towards the airmen dismissed from the service, his dependent spouse and dependent children,” the petition said.The plea further said that while forfeiture of gratuity of dismissed personnel may be justified, stopping pension of such personnel is arbitrary and amounts to double jeopardy.“Dismissal of an employee from the service is itself stigmatic which he and his family members carries unless same is quashed and set aside. The personnel so dismissed from the service not being gratuitous to the service, forfeiture of gratuity may be justified. Forfeiture of pension of the personnel so dismissed from the service after rendering qualifying length of service required for pension is arbitrary and attracts double jeopardy,” the plea stated.The court has now listed the case for further hearing on April 25..While Mishra appeared before the court in-person, the notice for respondents was accepted by advocate Bharthi Raju.