Back
DELHI HIGH COURT
MANMOHAN, ASHA MENON
Shivashish Shubham, Ex CPL 916092-B – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. similar claims for pro rata pension (Para 2 , 3) |
| 2. agreement on petition disposal (Para 4) |
| 3. direction for verifying claims (Para 5) |
| 4. conditions for pension payment (Para 6 , 7) |
JUDGMENT
Manmohan, J. (Oral)--The petitions have been heard by way of video conferencing.
2. Learned counsel for the petitioner/s states that all 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.
3. Learned counsel for the petitioner/s in all these petitions, on enquiry, states that the requisite No Objection Certificates (NOCs) have been filed along with the petitions.
4. Learned counsels for the respondents fairly state 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.
5.
The court affirmed the right to equal treatment under Article 14 for pension entitlements, directing payment of arrears if petitioners are similarly situated to prior beneficiaries.
Similar claimants must be granted equal pension rights based on verified eligibility against established legal precedents.
The court established the principle that similarly placed individuals must be granted equal pension benefits, ensuring fairness and due process in administrative decisions.
The court emphasized the principle of equal treatment for similarly situated individuals regarding pension entitlements, mandating verification by the Indian Air Force based on established precedents....
Individuals similarly situated in prior judgments must receive equitable relief, including pro rata pension, contingent on verification by the Indian Air Force.
Entitlement to pro rata pension established, conditional on verification of similarity to other petitioners' cases.
The court established that procedural verification is necessary for pension claims, ensuring fairness and timely payments to eligible individuals.
Entitlement to pro rata pension hinges on verification of petitioner's status against established criteria, preserving rights to appeal and ensuring timely payment with interest.
The court held that petitioners in similar circumstances are entitled to equal treatment in terms of pension, with the requirement for timely verification and communication of rights.
The court affirmed the right to equal treatment in pension claims, requiring verification of eligibility related to prior judgments while ensuring the petitioner can appeal if denied.
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
