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MANMOHAN, NAVIN CHAWLA
Dewanand – Appellant
Versus
Union Of India – Respondent
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
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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