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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Manish Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners are similarly placed for pro rata pension. (Para 1 , 2 , 3) |
| 2. respondents agree to verify claims. (Para 4) |
| 3. directions for payment of pro rata pension. (Para 5) |
| 4. interest on unpaid arrears of pension. (Para 6) |
| 5. order to be communicated and uploaded. (Para 7) |
JUDGMENT
Manmohan, J. (Oral)
CM Appl. 1476/2021 (exemption)
Allowed, subject to just exceptions.
W.P.(C) 567/2021
1. The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioners states that all the petitioners 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 seek the same relief as claimed therein i.e. of pro rata pension.
3. Learned counsel for the petitioners in this petition, on enquiry, states that the requisite No Objection Certificates (NOCs) have been filed along with the petition.
4. Learned counsels for the respondents fairly state that subj
Entitlement to pro rata pension is affirmed based on established precedents, contingent upon verification, with specific provisions for interest on delays.
Similar claimants must be granted equal pension rights based on verified eligibility against established legal precedents.
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....
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 affirmed the right to equal treatment under Article 14 for pension entitlements, directing payment of arrears if petitioners are similarly situated to prior beneficiaries.
The entitlement to pro rata pension for similarly placed petitioners as established in previous cases.
Court mandated equal treatment for similarly situated individuals regarding pension entitlements, affirming verification rights and specifying interest on delayed payments.
The court mandated verification of entitlement for pro rata pension based on established precedents, ensuring timely payment with interest if delayed.
Entitlement to pro rata pension established, conditional on verification of similarity to other petitioners' cases.
The court mandates that the petitioner must receive pro rata pension if found similarly situated to previous petitioners, along with conditions for communication of reasons if denied.
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