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2021 Supreme(Del) 1475
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Amit Bansal, JJ.
Bhupendra Narayan Singh (Ex Cpl Iaf 729857) - Appellant
Versus
Union Of India & Ors. - Respondents
W.P.(C) 12615/2021 & CM Appl. 39722/2021
Decided On : 11-11-2021
Important Points
Subject
Civil Law - Pension Rights
Headnote
Pro Rata Pension - Petitioner's Claim - The court directed the Indian Air Force to grant the petitioner pro rata pension similar to other petitioners in related cases, with arrears and future payments, 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 as granted in related cases.
Finding of the Court:
The court disposed of the petition directing the Indian Air Force to grant the petitioner the same relief as granted in related cases, with arrears and future payments, subject to verification and right of appeal to the Supreme Court.
Issues: Claim for pro rata pension, similarity to other petitioners, right to verification, and right of appeal to the Supreme Court.
Ratio Decidendi: The petitioner should be granted pro rata pension similar to other petitioners in related cases, subject to verification and right of appeal to the Supreme Court.
Final Decision: The Indian Air Force was directed to grant the petitioner pro rata pension similar to other petitioners in related cases, with arrears and future payments, subject to verification and right of appeal to the Supreme Court.
Mr. Manoj Kr. Gupta, Advocate, for the Petitioner; Mr. Jaswinder Singh, Advocate with Ms. Manpreet Kaur Bhasin, Advocate, for the Respondents
JUDGMENT
1. 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 26thApril, 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 along with pending application 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.
