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MANMOHAN, ASHA MENON
Dhurendra Raghav – Appellant
Versus
Union Of India – Respondent
JUDGMENT
1. The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioner states that the petitioner in the present petition claims to be similarly placed to the petitioners in Brijlal Kumar v. Union of India and others connected petitions,2020 SCCOnLineDel 1477 and the petitioners in Govind Kumar Srivastava v. Union of India 2019,SCCOnLineDel 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.
3. Learned counsel for the petitioner, on enquiry, states that the requisite No Objection Certificates (NOCs) had been given.
4. 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.
5. Accordingly, the present writ 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 (
Entitlement to pro rata pension based on being similarly placed as in previous cases.
The court directed the grant of pro rata pension to the petitioner if similarly placed as prior petitioners, emphasizing procedural verification and fair communication.
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.
Entitlement to pro rata pension, verification of entitlement, provision for further remedies, and interest on delayed payment.
The court upheld the right to pro rata pension for similarly placed individuals and emphasized the requirement for communication of reasons if not entitled, allowing further remedies.
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 main legal point established is the entitlement to pro rata pension based on similarity to previous cases, communication of reasons if not entitled, and the payment of arrears with interest if no....
The court's decision was based on the entitlement of pro rata pension, verification of entitlement, communication of reasons for non-entitlement, and payment of arrears with interest.
Entitlement to pro rata pension granted subject to verification against precedential cases; failure to comply incurs interest.
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....
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