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MANMOHAN, ASHA MENON
Binit Kumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - CM APPL.2709/2021
Keeping in view the averments in the application, early hearing is allowed and with consent of parties, the matter is taken up for hearing today. Accordingly, the application stands disposed of.
W.P. (C) 8341/2019
1. The petition has been heard by way of video conferencing.
2. 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 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 Certificate (NOC) 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 petition is disposed of directing the respondents Indi
The main legal point established in the judgment is the grant of pro rata pension to the petitioner based on similarity to other petitioners in related cases.
The court affirmed the entitlement to pro rata pension based on equality principles, mandating timely verification by the Indian Air Force.
Equal treatment in pension matters for similarly situated individuals, establishing entitlement to pro rata pension based on previous case law.
Entitlement to pro rata pension is upheld, subject to verification of eligibility, with mandatory interest on delayed payments specified.
The entitlement to pro rata pension for similarly placed petitioners as established in previous cases.
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.
The court affirmed the right to equality under Article 14, directing that a petitioner similarly situated to prior cases be granted pro rata pension, ensuring fair administrative practice in verifica....
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 ruled that the petitioners are entitled to pro rata pension, subject to verification of their similarity with previous cases, and that any delay in payment will incur interest.
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