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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Yashwant Kumar Pathak – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners claim pro rata pension similar to prior cases. (Para 1 , 2 , 3) |
| 2. respondents agree to dispose of petitions subject to verification. (Para 4) |
| 3. judgment grants pro rata pension with conditions; interest on delay. (Para 5 , 6) |
| 4. order to be uploaded and communicated. (Para 7) |
JUDGMENT
Manmohan, J. (Oral)
C.M.No.2417/2021 in W.P.(C) No.2358/2020
C.M.No.2426/2021 in W.P.(C) No.2457/2020
C.M.No.2422/2021 in W.P.(C) No.2871/2020
Keeping in view the averments in the applications, early hearing is allowed and with consent of parties, the matters are taken up for hearing today.
Accordingly, the applications stand disposed of.
W.P.(C) No.2358/2020
W.P.(C) No.2457/2020
W.P.(C) No.2871/2020
1. The petitions have been heard by way of video conferencing.
2. Learned counsel for the petitioners states that the petitioners in these petitions 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,
The court determines the eligibility for pro rata pensions based on prior judgments and mandates verification of petitioners' claims, ensuring equitable treatment.
The court established that similarly situated petitioners are entitled to pro rata pension, affirming rights based on precedent judgments and ensuring reasons for denial are communicated.
Court mandates compliance with precedents granting pro rata pensions, requiring verification of petitioners' eligibility and stipulating interest on delayed payments.
The court affirmed the entitlement to pro rata pension based on equality principles, mandating timely verification by the Indian Air Force.
Equal treatment in pension matters for similarly situated individuals, establishing entitlement to pro rata pension based on previous case law.
The court upheld that petitioners similarly placed to prior judgments are entitled to pro rata pension benefits, mandating timely compliance by the respondents with specified conditions.
The main legal point established in the judgment is the entitlement of the petitioners to pro rata pension in line with previous judgments.
Petitioners similarly placed to others are entitled to pro rata pension; respondents must verify and respond accordingly.
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.
Court mandated equal treatment for similarly situated individuals regarding pension entitlements, affirming verification rights and specifying interest on delayed payments.
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