MANMOHAN, NAVIN CHAWLA
Rajesh Kumar Pandey Ex Cpl 763892-b – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - C.M.No. 46171/2021 (Exemption)
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) 14657/2021
1. Learned counsel for the petitioners states that the petitioners 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 seek the same relief as claimed therein i.e. of pro rata pension.
2. Learned counsel for the petitioners, 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 petitioners to be similarly placed as the petitioner
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....
Entitlement to pro rata pension based on similarity to previous cases and the right to appeal if not entitled.
Entitlement to pro rata pension established upon verification of petitioners' status against precedent cases, with stipulated interest on delayed payments.
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.
The court directed the Indian Air Force to verify entitlement for pro rata pension and communicate reasons for any denial, fostering rights to challenge such decisions.
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.
Entitlement to pro rata pension based on being similarly placed to previous petitioners, with the right to appeal if not found entitled.
Petitioners can receive pro rata pension if verified to be in similar circumstances as prior petitioners, with a provision for interest on delayed payments.
Equitable treatment mandates that similarly placed individuals receive the same pension benefits, with rights for verification and appeal preserved.
Right to pro rata pension affirmed, contingent on verification of eligibility based on precedents; procedural fairness mandated by providing written reasons for any denials.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.