Back
SANJEEV SACHDEVA, MANOJ JAIN
Subodh Kumar (Ex Cpl-786978-R) – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Issue notice. Notice is accepted by learned counsel appearing for the respondents.
2. With the consent of the parties, petition is taken up for final disposal today itself.
3. Petitioner seeks grant of pro-rata pension from the date of his discharge with all consequential benefits. Learned counsel for petitioner relies on judgment of a coordinate Bench of this Court dated 08.02.2021 in W.P. (C) 9905/2019, titled Surendra Pal Singh Vs. Union of India and Ors.. From the said judgment it is clear that the case of the petitioner is squarely covered by the factual as well as legal matrix of Surendra Pal Singh (supra).
4. 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.
5. Learned counsel for the petitioner, on enqui
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.
The court's decision was based on the principle of granting relief of pro rata pension to the petitioner, similar to relief granted in previous cases, subject to verification of entitlement.
The court's decision was influenced by the petitioner's claim to be similarly placed to other petitioners and sought the same relief of pro rata pension, along with the agreement of the respondents t....
Eligibility for pro rata pension must align with precedents if similarly placed; due process requires verification and may include appeal rights.
The court emphasized equal treatment under law in pension entitlement cases, ordering pro rata pension for similarly placed petitioners subject to verification.
The court upheld the entitlement to pro rata pension for the petitioner, subject to verification and the right of appeal to the Supreme Court, and outlined the process for denial and further remedies....
The court upheld the entitlement of the petitioner to pro rata pension if found similarly placed to certain earlier petitioners, establishing the principle of equal treatment under law regarding pens....
Court reinforces equal treatment in pension claims and affirms verification protocols for entitlement based on prior judgments.
Entitlement to pro rata pension is affirmed if eligibility is established, with a directive for timely payment and interest for delays.
The court's decision was influenced by the principle of granting pro rata pension to similarly placed petitioners and providing the right to appeal if not entitled.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
