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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Ram Prakash – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 2349 of 2023 & CM. APPL. 8994 of 2023 (exemption)
Decided On : 23-02-2023
pro rata pension - Petition for Quashing of Rejection of Pro Rata Pension - The court directed the respondents to consider the petitioner's case as per the policy and take a final decision within six weeks.
Fact of the Case:
The petitioner sought quashing of the rejection of the request for pro rata pension and directions to grant pro rata pension from the date of discharge, along with consequential benefits.
Finding of the Court:
The court directed the respondents to consider the petitioner's case as per the policy and take a final decision within six weeks, with reasoned order to be communicated to the petitioner.
Issues: Quashing of rejection of pro rata pension, grant of pro rata pension from date of discharge, consequential benefits
Ratio Decidendi: The court emphasized the consideration of the petitioner's case as per the policy and the requirement for a reasoned decision to be communicated to the petitioner.
Final Decision: The petition was disposed of with directions to the respondents to consider the petitioner's case and communicate the decision within the specified timeline.
JUDGMENT (Oral)
1. Vide the present petition, petitioner is seeking quashing of letter dated 21.12.2021 issued by the respondents whereby the request of petitioner for grant of pro rata pension was rejected and directions to the respondents to grant pro rata pension to the petitioner from the date of his discharge i.e., 09.04.2013, along with all consequential benefits in terms of judgment dated 24.11.2020 passed by this Court in W.P. (C) No.98/2020 as well as other judgments passed by this Court and Hon'ble Supreme Court.
2. Notice issued.
3. Learned counsel for respondents accepts notice and has fairly conceded that the case of the petitioner shall be considered as per Policy dated 04.11.2022 if he is found eligible.
4. In view of above, we hereby direct the respondents to consider the case of petitioner in terms of Policy dated 04.11.2022 if petitioner is found eligible and take a final decision within six weeks from today and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.
5. With the aforesaid directions, the present petition is disposed of.
6. Pending application also stands disposed of.
7. Needless to say, if the petitioner feels aggrieved by the decision of the respondents, he may approach the appropriate forum.
Consideration of petitioner's case as per the policy and communication of reasoned decision to the petitioner
Respondents are mandated to conclude disability pension eligibility within six weeks and communicate the decision promptly, ensuring timely justice.
Entitlement to pro-rata pension for discharged military personnel based on prior judgments confirming such rights supports administrative compliance for eligibility.
Delay and laches can impact the admissibility of a petition, especially when seeking relief related to pension release.
Grant of pro-rata pension based on similarity to other connected petitions and specific provisions for verification, communication of reasons, and payment of interest on arrears.
Entitlement to pro-rata pension for government employees is upheld as per established rules and prior judgments, requiring appropriate action by the authorities.
Judicial review underscores the need for administrative decisions to align with principles of equality, with a ruling set aside for lack of justification in denying pension entitlements based on simi....
The principle of mandamus can be invoked to compel public authorities to perform their duties in a timely manner.
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