MANMOHAN, NAVIN CHAWLA
Mahender Singh Negi, Ex Cpl 799195-R – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
CM aPPL. 3714/2022 (Exemption)
Exemption allowed, subject to all just exceptions.
accordingly, the application stands disposed of.
W.P.(C) 1265/2022
1. Learned counsel for the petitioner states that the petitioner in this petition 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 seeks the same relief as claimed therein i.e. of pro rata pension.
2. Learned counsel for the petitioner, 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 petition be disposed of.
4. accordingly, the petition is disposed of directing the respondents - Indian air Force that within twelve weeks herefrom, if they find
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.
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 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....
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 similarity to previous cases and the right to appeal if not entitled.
The court establishes that pension claims must be assessed based on established precedents ensuring equity and mandated timelines for verification and payment.
The entitlement to pro rata pension for similarly placed petitioners as established in previous cases.
Entitlement to pro rata pension is extended to similarly situated individuals, with mandatory verification of eligibility prior to payment and provision of interest on delayed 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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