MANMOHAN, ASHA MENON
Shivashish Shubham – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - The petitions have been heard by way of video conferencing.
2. Learned counsel for the petitioner/s 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 petitioner/s in all these petitions, on enquiry, states that the requisite No Objection Certificates (NOCs) have been filed along with the petitions.
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 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 (su
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'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 court's decision was based on the entitlement to pro rata pension, subject to verification and the right of appeal to the Supreme Court if entitlement is disputed.
The court affirmed the right to equal treatment under Article 14 for pension entitlements, directing payment of arrears if petitioners are similarly situated to prior beneficiaries.
Court mandated equal treatment for similarly situated individuals regarding pension entitlements, affirming verification rights and specifying interest on delayed payments.
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 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 main legal point established in the judgment is the entitlement of the petitioners to pro rata pension in line with previous judgments.
Similar claimants must be granted equal pension rights based on verified eligibility against established legal precedents.
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