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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Santosh Kumar - Appellant
Versus
Union of India - Respondent
W.P. (C) 640 of 2021
Decided On : 15-01-2021
Important Points
Subject
Pensions - Service Matters
Headnote
(B) Pension Rights - The court emphasizes the need for equal treatment regarding pension claims for similarly situated individuals. (Paras 2-5)
Facts of the case:
The petitioner asserts a claim for pro rata pension, akin to prior petitioners, with requisite No Objection Certificates submitted.
Findings of Court:
The Indian Air Force is directed to verify the petitioner's status within twelve weeks and grant relief if found similarly situated, alongside stipulated interest for delays.
Issues: The essential queries involve determining the eligibility for pro rata pensions based on previous judgments and handling of such claims.
Ratio Decidendi: The court ruled that if the petitioner is similarly situated to prior petitioners, they are entitled to the same pension relief, stressing the importance of verification and communication of any adverse decisions.
Result: Petition disposed of as directed.
| 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 disposed of.
5. Accordingly, the petition is disposed of directing the respondents Indian Air Force that within twelve weeks herefrom, if they find the petitioner to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions supra, to grant him the same relief as granted in those petitions i.e. by payment of arrears of pro rata pension from the date of discharge till the date of payment and in future to continue to pay pro rata pension to the petitioners. However, if on verification it is found that the petitioner, for any reason, is not entitled to pro rata pension for reasons other than those stated in the judgments in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions supra being in personam, the respondents, within the said twelve weeks, shall communicate to the petitioner, not so found entitled, the reasons in writing thereof and in which event, the petitioner shall be entitled to take further remedies there against.
6. If the arrears of pro rata pension are not paid within twelve weeks, the same shall also incur interest thereon @ 7% per annum from the expiry of twelve weeks till the date of payment.
7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
