Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1818

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Asha Menon, JJ.
Madasu Sampath Kumar - Appellant
Versus
Union Of India & Ors. - Respondents
Writ Petition (Civil) No. 2782 of 2019, 4453 of 2019, 2878 of 2020; Civil Miscellaneous Appeal No. 1663 of 2021, 1665 of 2021, 1667 of 2021
Decided On : 15-01-2021

Advocates appeared:
Ajit Kakkar, Advocate, Harsh Vaidyanathan Shankar, Advocate, Jivesh Kumar Tiwari, Advocate

The main legal point established in the judgment is the entitlement of the petitioners to pro rata pension in line with previous judgments.

Headnote:
Pension - Pro Rata Pension - The court directed the Indian Air Force to grant pro rata pension to the petitioners, similar to the relief granted in previous judgments, and to pay arrears of pro rata pension with interest if not paid within twelve weeks.
Fact of the Case:

The petitioners claimed to be similarly placed to the petitioners in previous cases and sought the same relief of pro rata pension. The court allowed the writ petitions for hearing and directed the Indian Air Force to grant the petitioners pro rata pension if found similarly placed.
Finding of the Court:

The court found that the petitioners were entitled to the same relief as granted in previous judgments and directed the Indian Air Force to grant pro rata pension and pay arrears with interest if not paid within twelve weeks.
Issues: The main issue was the entitlement of the petitioners to pro rata pension and the relief sought in line with previous judgments.
Ratio Decidendi: The court's decision was influenced by the petitioners' claim to be similarly placed to the petitioners in previous cases and the direction to the Indian Air Force to grant pro rata pension in line with previous judgments.
Final Decision: The court directed the Indian Air Force to grant pro rata pension to the petitioners and pay arrears of pro rata pension with interest if not paid within twelve weeks.

JUDGMENT

Manmohan, J. - C.M.No.1667/2021 in W.P.(C) No.2782/2019

C.M.No.1663/2021 in W.P.(C) No.4453/2019

C.M.No.1665/2021 in W.P.(C) No.2878/2020

Keeping in view the averments in the applications, the same is allowed and the writ petitions are taken up for hearing today.

W.P.(C) No.2782/2019

W.P.(C) No.4453/2019

W.P.(C) No.2878/2020

1. The petitions have been heard by way of video conferencing.

2. Learned counsel for the petitioners states that all the petitioners in these petitions claim 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 seek the same relief as claimed therein i.e. of pro rata pension.

3. Learned counsel for the petitioners in these petitions, on enquiry, states that the requisite No Objection Certificates (NOCs) had been taken.

4. Learned counsels 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 petitions be disposed of.

5. Accordingly, the petitions are 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 or any of them, 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.

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.

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