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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Dewanand - Appellant
Versus
Union Of India & Ors. - Respondents
Civil Writ Petition No. 12789 of 2021, Civil Miscellaneous Application No. 40257-58 of 2021
Decided On : 15-11-2021
Pro Rata Pension - Petitioner's Claim - The court directed the Indian Air Force to grant the petitioner 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 petitioner claimed to be similarly placed to other petitioners 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 to the Supreme Court.
Finding of the Court:
The court directed the Indian Air Force to grant the petitioner the same relief as granted in previous petitions for pro rata pension, subject to verification and right of appeal to the Supreme Court.
Issues: Petitioner's entitlement to pro rata pension and the need for verification by the Indian Air Force.
Ratio Decidendi: The court's decision was based on the petitioner's claim to be similarly placed to other petitioners and sought the same relief of pro rata pension, along with the agreement of the respondents to dispose of the petition subject to verification and right of appeal to the Supreme Court.
Final Decision: The Indian Air Force was directed to grant the petitioner the same relief as granted in previous petitions for pro rata pension, subject to verification and right of appeal to the Supreme Court. If the arrears of pro rata pension are not paid within twelve weeks, interest would incur at the rate of 7% per annum.
JUDGMENT
Manmohan, J. - Learned counsel for the petitioner states that the petitioner 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 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 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 petitioner to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions, to grant him 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 petitioner. However, if on verification it is found that the petitioner, for any reason, is 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 petitioner, not so found entitled, the reasons in writing thereof and in which event, the petitioner 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 petitioner 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.
The court's decision was influenced by the petitioner's claim to be similarly placed to other petitioners and sought the same relief of pro rata pension, along with the agreement of the respondents t....
The court upheld the entitlement to pro rata pension for the petitioner, subject to verification and the right of appeal to the Supreme Court, and outlined the process for denial and further remedies....
The court's decision was based on the principle of granting relief of pro rata pension to the petitioner, similar to relief granted in previous cases, subject to verification of entitlement.
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 entit....
The court's decision was influenced by the principle of granting pro rata pension to similarly placed petitioners and providing the right to appeal if not entitled.
Granting pro rata pension to the petitioner similar to other petitioners in related cases, subject to verification and right of appeal to the Supreme Court.
The court affirmed the entitlement to pro rata pension for similarly placed petitioners, directing timely verification and payment of arrears.
Entitlement to pension must be verified against precedent judgments, with interest on arrears if payment is delayed beyond stipulated time.
Entitlement to pro rata pension is affirmed if eligibility is established, with a directive for timely payment and interest for delays.
The entitlement to pro rata pension was based on the petitioner being similarly placed as in previous cases, and the court directed the Indian Air Force to grant the pension if found entitled.
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