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2021 Supreme(Del) 1756
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Asha Menon, JJ.
Dhurendra Raghav - Appellant
Versus
Union Of India & Ors. - Respondents
W.P. (C) No. 2649 of 2021; C.M. Appl No. 7853 of 2021
Decided On : 03-03-2021
Important Points
Subject
Civil Law - Pension Rights
Headnote
Pro Rata Pension - Indian Air Force - The court directed the Indian Air Force to grant pro rata pension to the petitioner if found similarly placed as in previous cases, with the right to appeal if not found entitled.
Fact of the Case:
The petitioner sought pro rata pension claiming to be similarly placed as in previous cases and provided the requisite No Objection Certificates.
Finding of the Court:
The court directed the Indian Air Force to grant pro rata pension to the petitioner if found similarly placed as in previous cases, with the right to appeal if not found entitled.
Issues: The issue was whether the petitioner was entitled to pro rata pension similar to previous cases.
Ratio Decidendi: The court's decision was based on the petitioner's claim of being similarly placed as in previous cases and the provision of No Objection Certificates.
Final Decision: The court directed the Indian Air Force to grant pro rata pension to the petitioner if found similarly placed as in previous cases, with the right to appeal if not found entitled.
Pallavi Awasthi, Advocate, Amrita Prakash, Advocate
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 (supra) and other connected petitions supra, 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 supra 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.
6. 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.
7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
