Babu Ram vs Union of India

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Babu Ram - Appellant
Versus
Union of India - Respondent
W.P. (C) 895 of 2021
Decided On : 22-01-2021

Important Points

The court established that similarly situated individuals are entitled to equal pension benefits, following verification of eligibility based on prior judgments.

Subject

Administrative Law - Pension Rights

Headnote

(A) Administrative Law - Pension - Pro Rata Pension - The petitioner seeks relief of pro rata pension claiming similarity to petitioners in connected decisions. Court directs the Indian Air Force to grant pro rata pension within twelve weeks upon verification of similarity to other petitioners, allowing for appeal rights concerning entitlement. (Paras 2, 5, 6)

Findings of Court:
The respondents are mandated to pay the petitioner his pro rata pension and arrears with interest if not paid within the specified timeframe.

Issues: The main issue addressed is the entitlement to pro rata pension based on similarity to other legal precedents.

Ratio Decidendi: The court reiterates the importance of equal treatment for similarly situated individuals in pension determinations, emphasizing that final decisions are subject to verification of entitlement.

Result: Petition disposed of.

Table of Content
1. petitioner seeks relief of pro rata pension. (Para 2)
2. respondents agree to verification process. (Para 4)
3. court orders payment of arrears if conditions met. (Para 5)
4. interest on unpaid arrears established. (Para 6)
5. order to be communicated and published. (Para 7)

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.