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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Atul Tiwari – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioner states that the petitioner in this petition claims 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.
3. Learned counsel for the petitioner in this petition, on enquiry, states that the requisite No Objection Certificate (NOC) had been given.
4. Learned counsel for the respondents fairly states 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 (
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.
The court confirmed the right to verify eligibility for pro rata pension, mandating payments and establishing procedures for denied claims.
The court established that procedural verification is necessary for pension claims, ensuring fairness and timely payments to eligible individuals.
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 established, conditional on verification of similarity to other petitioners' cases.
The court affirmed the right to pro rata pension for similarly situated individuals, mandating verification and timely payment of arrears.
The court established that the entitlement to pro rata pension depends on verification of eligibility according to past judicial rulings.
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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