The court's decision was influenced by the similarity of the petitioners to those in previous cases and the right of appeal to the Supreme Court, highlighting the importance of verification and entitlement to pro rata pension.

Headnote:
Pro Rata Pension - Similarity of Petitioners - The court directed the Indian Air Force to grant the petitioners the same relief as granted in previous petitions for pro rata pension, subject to verification and right of appeal to the Supreme Court.
Fact of the Case:

The petitioners claimed to be similarly placed to petitioners in previous cases and sought the same relief of pro rata pension. The NOCs had been given, and the respondents agreed to dispose of the petition subject to verification and right of appeal.
Finding of the Court:

The court directed the Indian Air Force to grant the petitioners the same relief as granted in previous petitions for pro rata pension, subject to verification and right of appeal to the Supreme Court.
Issues: Verification of entitlement to pro rata pension for the petitioners and the right of appeal to the Supreme Court.
Ratio Decidendi: The court's decision was based on the similarity of the petitioners to those in previous cases and the agreement of the respondents to dispose of the petition subject to verification and right of appeal.
Final Decision: The Indian Air Force was directed to grant the petitioners the same relief as granted in previous petitions for pro rata pension, subject to verification and right of appeal to the Supreme Court. If not entitled, the reasons were to be communicated to the petitioners, and they were entitled to further remedies. Non-payment of arrears would incur interest.

JUDGMENT

Manmohan, J. - Learned counsel for the petitioners states that the petitioners in this petition claims to be similarly placed to the petitioners in Brijlal Kumar v. Union of India and others 2020 SCC OnLine Del 1477 and the petitioner 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 right to verification and 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 petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions, to grant them the same relief as granted in those petitions i.e. by payment of arrears of pro rata pension from the date of discharge till the date of payment and in future to continue to pay pro rata pension to the petitioners. However, if on verification it is found that the petitioners, for any reason, are not entitled to pro rata pension for reasons other than those stated in the judgments in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions being in personam, the respondents, within the said twelve weeks, shall communicate to the petitioners, not so found entitled, the reasons in writing thereof and in which event, the petitioners shall be entitled to take further remedies there against. Needless to state that if any documents are asked for by the respondents, the same shall be furnished by the petitioners within a week.

5. If the arrears of pro rata pension are not paid within twelve weeks, the same shall also incur interest thereon @ 7% per annum from the expiry of twelve weeks till the date of payment.

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