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MANMOHAN, ASHA MENON
Ex Cpl R Dusmant Keshari Patra – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - 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 in this petition, 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 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,
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.
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.
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 upheld the entitlement to pro rata pension for the petitioner, subject to verification and the right of appeal to the Supreme Court, and outlined the process for denial and further remedies....
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....
Entitlement to pro rata pension hinges on similar circumstances established in prior rulings, requiring timely verification and communication from the governing body.
The petitioner is entitled to pro rata pension if found similarly placed as previous petitioners, with interest on delayed dues.
The court confirmed the right to verify eligibility for pro rata pension, mandating payments and establishing procedures for denied claims.
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