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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ram Prakash – Appellant
Versus
Union of India – Respondent
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 peti
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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