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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Atul Tiwari - Appellant
Versus
Union of India - Respondent
W.P. (C) 572 of 2021, CM Appl. 1481 of 2021
Decided On : 19-01-2021
Important Points
Subject
Pensions - Entitlement
Headnote
(B) Disposition and Timeframe - The court directed that a decision regarding entitlement must be made within twelve weeks, with interest accruing if delays occur. (Paras 5, 6)
Facts of the case:
The petitioner sought pro rata pension similar to that granted in the cases of Brijlal Kumar and Govind Kumar Srivastava. The requisite No Objection Certificate was presented.
Findings of Court:
The Indian Air Force must assess the petitioner's entitlement within twelve weeks and provide payment if applicable, alongside the condition of written communication if entitlement is denied.
Issues: Whether the petitioner is entitled to pro rata pension based on his classification among previously established cases and the rights to appeal if denied.
Ratio Decidendi: The court emphasized the necessity for the respondents to evaluate entitlement based on established precedents and required timely communication of any decisions.
Result: Petition disposed of in favor of the petitioner, contingent on verification.
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 (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 petitioner. 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.
