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MANMOHAN, NAVIN CHAWLA
Laxmi Narayan Jilowa, Ex Sgt 673133-f – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - The petitions have been heard by way of video conferencing.
CM aPPL. 5893/2022 (Exemption) in W.P.(C) 2048/2022 CM aPPL. 5898/2022 (Exemption) in W.P.(C) 2052/2022
Exemption allowed, subject to all just exceptions. accordingly, the applications stand disposed of.
W.P.(C) 2048/2022 W.P.(C) 2052/2022
1. Learned counsel for the petitioners states that 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 SCC OnLine Del 1477 and the petitioners in Govind Kumar Srivastava v. Union of India 2019 SCC OnLine Del 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.
2. Learned counsel for the petitioners, on enquiry, states that the requisite No Objection Certificates (NOCs) had been given.
3. 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 petitions be disposed of.
4. accordingly, the petitions a
Entitlement to pro rata pension based on similarity to previous cases and provision for further remedies if not entitled.
Entitlement to pro rata pension based on being similarly placed to previous petitioners, with the right to appeal if not found entitled.
Entitlement to pro rata pension based on similarity to previous petitions, NOCs, right to verification, and appeal.
The entitlement to pro rata pension, verification of entitlement, communication of reasons for non-entitlement, and the consequences of non-payment of arrears with interest.
The entitlement to pro rata pension for similarly placed petitioners as established in previous cases.
The court affirmed the right to pro rata pension for eligible petitioners, ensuring compliance with equal treatment principles and due verification standards from prior judgments.
Entitlement to pro rata pension is affirmed based on established precedents, contingent upon verification, with specific provisions for interest on delays.
The main legal point established is the entitlement to pro rata pension based on similarity to previous cases, with the right to verification and appeal, and specified consequences for non-entitlemen....
The court mandated verification of petitioners' entitlements to pro rata pension based on precedents, with interest on late payments.
The court mandates that if the petitioner is similarly placed as in prior judgements, pro-rata pension must be granted, reinforcing the obligation for verification and timely communication regarding ....
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