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2021 Supreme(Del) 1958
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Asha Menon, JJ.
Ex Cpl R Dusmant Keshari Patra - Appellant
Versus
Union Of India & Ors. - Respondents
Writ Petition (Civil) No. 908 of 2021; Civil Miscellaneous Application No. 2444 of 2021
Decided On : 22-01-2021
Important Points
Subject
Civil Law - Pension Entitlement
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, and to communicate reasons if not entitled, with provision for further remedies and interest on delayed payment.
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 Certificate (NOC).
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 provision for further remedies and interest on delayed payment.
Issues: Claim for pro rata pension, verification of entitlement, communication of reasons if not entitled, provision for further remedies, and interest on delayed payment.
Ratio Decidendi: The court's decision was based on the petitioner's claim, the NOC provided, and the previous cases of similar nature, with a focus on entitlement verification and provision for further remedies and interest on delayed payment.
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 provision for further remedies and interest on delayed payment.
Pallavi Awasthi, Advocate, Nidhi Raman, Advocate
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, 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.
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.
