MANMOHAN, NAVIN CHAWLA
Chandra Prakash Tiwari, Ex Sgt 642859 – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - CM APPL. 47294/2021 (Exemption)
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) 14983/2021
1. Learned counsel for the petitioner states that the petitioner in this petition claim to be similarly placed to the petitioners in Brijlal Kumar v. Union of India and others connected petitions 2020 SCC OnLine Del 1477 and the petitioners in Govind Kumar Srivastava v. Union of India 2019 SCC OnLine Del 6425 (DB) [against which Special Leave Petition (Civil) No. 8813/2019 has been dismissed on 26th April, 2019] and seeks the same relief as claimed therein i.e. of pro rata pension.
2. Learned counsel for the petitioner, on enquiry, states that the requisite No Objection Certificates (NOCs) had been given.
3. Learned counsel for the respondents fairly states that subject to the right to verification and the right of appeal to the Supreme Court against the judgment in Brijlal Kumar (supra) being saved, the petition be disposed of.
4. Accordingly, the petition is disposed of directing the respondents Indian Air Force that within twelve weeks herefrom, if they find the petitioner to be similarly placed as the petitioners
Entitlement to pro rata pension based on similarity to previous cases and the right to appeal if not entitled.
The main legal point established is the entitlement to pro rata pension based on similarity to previous cases, with the right to verification and appeal, and specified consequences for non-entitlemen....
The court's decision was based on the entitlement to pro rata pension, verification of entitlement, communication of reasons if not entitled, and the timely resolution of the matter.
Equitable treatment mandates that similarly placed individuals receive the same pension benefits, with rights for verification and appeal preserved.
The entitlement to pro rata pension, verification of entitlement, communication of reasons for non-entitlement, and the consequences of non-payment of arrears with interest.
Entitlement to pro rata pension based on being similarly placed to previous petitioners, with the right to appeal if not found entitled.
Entitlement to pro rata pension based on similarity to previous petitions, NOCs, right to verification, and appeal.
Petitioners can receive pro rata pension if verified to be in similar circumstances as prior petitioners, with a provision for interest on delayed payments.
An individual claiming entitlement to pro rata pension must be evaluated based on the same criteria as established in analogous previous cases, with timely payment mandated.
Equal treatment under Article 14 mandates that similarly situated individuals must be granted the same entitlements, with a requirement for justification on any discrepancies.
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