Petitioners similarly situated to previous claimants are entitled to pro rata pension, with interest on delayed payments, and must be informed in writing if found otherwise.

Headnote:(A) Constitution of India - Right to Equality - Right to receive pension - The court ordered that respondents must grant the petitioners pro rata pension similar to that granted in previous cases, contingent upon verification if they are similarly placed - The petitioners claimed rights based on past judgments including those cited and sought similar relief; agreements on the no objection certificate were noted. (Paras 1-4)

(B) Pension entitlements - It was reiterated that petitioners should receive arrears from discharge date until payment date, and that in case of entitlement denial, reasons must be provided in writing. (Para 4)

(C) Interest on dues - A stipulation for interest on unpaid arrears was included, at a rate of 7% per annum. (Para 5)

Facts of the case:
The petitioners, represented by counsel, claimed to be similarly situated to previous successful claimants in pension matters and requested pro rata pension. Appropriate NOC was mentioned as provided. The respondents indicated willingness to verify claims based on prior judicial determinations.

Findings of Court:
The court confirmed directives to the Air Force to ensure timely verification and payment and emphasized communication of reasons to any claimants found unqualified.

Issues: The principal issue was whether the petitioners were entitled to pro rata pension based on their similarity to previously adjudicated cases.

Ratio Decidendi: It was determined that once similarity to previous cases is established, the petitioners are entitled to comparable relief while also ensuring judicial fairness by mandating proper reasoning for any denials.

Result: Petitions disposed of directing compliance by the respondents.

Table of Content
1. petitioners claim similar rights as previous cases. (Para 1 , 2)
2. respondents agree to verify claims. (Para 3)
3. court directs payment of pensions if eligible. (Para 4)
4. interest on overdue pension payments at 7%. (Para 5)

JUDGMENT

Manmohan, J. (Oral)--Learned counsel for the petitioners states that the petitioners in this 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, 2019] and seek the same relief as claimed therein i.e. of pro rata pension.

2. Learned counsel for the petitioners, on enquiry, states that the requisite No Objection Certificated (NOC) had been given.

3. 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 petitions be disposed of.

4. Accordingly, the petitions and applications are disposed of directing the respondents Indian Air Force that within twelve weeks herefrom, if they find the petitioners to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions supra, to grant them 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 petitioners, for any reason, are 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 petitioners, not so found entitled, the reasons in writing thereof and in which event, the petitioners shall be entitled to take further remedies there against.

5. 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.

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