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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Santosh Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. claims for pro rata pension similarity. (Para 2 , 3) |
| 2. respondents concede to petitioner relief. (Para 4) |
| 3. order details and implications specified. (Para 5 , 7) |
| 4. conditions for pension payment indicated. (Para 6) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioners 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 seek the same relief as claimed therein i.e. of pro rata pension.
3. Learned counsel for the petitioner in this petition, on enquiry, states that the requisite No Objection Certificates (NOCs) has been filed along with the petition.
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 petition be d
The court affirmed the right to pro rata pension for similarly situated individuals, mandating verification and timely payment of arrears.
The court established that procedural verification is necessary for pension claims, ensuring fairness and timely payments to eligible individuals.
Entitlement to pro rata pension established, conditional on verification of similarity to other petitioners' cases.
The court established the principle that similarly placed individuals must be granted equal pension benefits, ensuring fairness and due process in administrative decisions.
Similar claimants must be granted equal pension rights based on verified eligibility against established legal precedents.
The court confirmed the right to verify eligibility for pro rata pension, mandating payments and establishing procedures for denied claims.
Verification of pension entitlement must align with precedents, ensuring petitioner receives due process and fair assessment based on comparability to similar cases.
Entitlement to pro rata pension hinges on similar circumstances established in prior rulings, requiring timely verification and communication from the governing body.
The court established that similarly situated individuals are entitled to equal pension benefits, following verification of eligibility based on prior judgments.
The petitioner is entitled to pro rata pension if found similarly placed as previous petitioners, with interest on delayed dues.
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