Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1772

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Asha Menon, JJ.
Piyush Shukla & Ors. - Appellants
Versus
Union Of India & Ors. - Respondents
W.P. (C) No. 2319 of 2021; C.M. Appl No. 6727 of 2021
Decided On : 19-02-2021

Advocates appeared:
Aditya Narayan Arya Garg, Advocate, Sanjeev Uniyal, Advocate, Dhawal Uniyal, Advocate, Samir, Advocate

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.

Headnote:
pro rata pension - Indian Air Force - The court directed the Indian Air Force to grant pro rata pension to the petitioners if found similarly placed as in previous cases, with the right to appeal to the Supreme Court if not entitled.
Fact of the Case:

The petitioners sought pro rata pension claiming similarity to previous cases. The respondents agreed subject to verification and the right of appeal to the Supreme Court.
Finding of the Court:

The court disposed of the petition directing the Indian Air Force to grant pro rata pension to the petitioners if found similarly placed, with the right to appeal if not entitled. Non- payment of arrears would incur interest.
Issues: Claim for pro rata pension, verification of entitlement, communication of reasons for non-entitlement, and right to further remedies.
Ratio Decidendi: The court's decision was based on the similarity of the petitioners' situation to previous cases and the right to appeal if not entitled to pro rata pension.
Final Decision: The Indian Air Force was directed to grant pro rata pension to the petitioners if found similarly placed, with the right to appeal if not entitled. Non-payment of arrears would incur interest.

JUDGMENT

Manmohan, J. - Learned counsel for the petitioners states that the petitioners in this petition claim to be similarly placed to the petitioners in Brijlal Kumar v. Union of India and others,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 seek the same relief as claimed therein i.e. of pro rata pension.

2. Learned counsel for the petitioners, on enquiry, states that the requisite No Objection Certificated (NOC) had been given.

3. 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.

4. Accordingly, the petition is disposed of directing the respondents Indian Air Force that within twelve weeks herefrom, if they find the petitioners to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions supra, to grant them 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 petitioners. However, if on verification it is found that the petitioners, for any reason, are 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 petitioners, not so found entitled, the reasons in writing thereof and in which event, the petitioners shall be entitled to take further remedies there against.

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.

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