MANMOHAN, ASHA MENON
Manish Kumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - Cm Appl. 1476/2021 (exemption)
Allowed, subject to just exceptions.
W.P.(C) 567/2021
1. The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioners states that all the petitioners in this petition 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 this petition, on enquiry, states that the requisite No Objection Certificates (NOCs) have been filed along with the petition.
4. Learned counsels for the respondents fairly state 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 petitioners t
The entitlement to pro rata pension for similarly placed petitioners as established in previous cases.
The court upheld that petitioners similarly placed to prior judgments are entitled to pro rata pension benefits, mandating timely compliance by the respondents with specified conditions.
Entitlement to pro rata pension is affirmed based on established precedents, contingent upon verification, with specific provisions for interest on delays.
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.
Entitlement to pro rata pension based on similarity to previous petitions, NOCs, right to verification, and appeal.
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 main legal point established in the judgment is the entitlement of the petitioners to pro rata pension in line with previous judgments.
Entitlement to pro rata pension based on similarity to previous cases and provision for further remedies if not entitled.
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.
Entitlement to pro rata pension based on being similarly placed to previous petitioners, with the right to appeal if not found entitled.
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