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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Binit Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. hearing conducted via video conferencing. (Para 1) |
| 2. petitioner seeks pro rata pension similar to previous cases. (Para 2 , 3 , 4) |
| 3. respondents directed to verify and grant pension within stipulated time. (Para 5 , 6) |
| 4. order to be uploaded and communicated promptly. (Para 7) |
JUDGMENT
Manmohan, J. (Oral)
CM APPL.2709/2021
Keeping in view the averments in the application, early hearing is allowed and with consent of parties, the matter is taken up for hearing today.
Accordingly, the application stands disposed of.
W.P. (C) 8341/2019
1. 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, on enquiry, states that the requisite No Objecti
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.
Entitlement to pro rata pension is upheld, subject to verification of eligibility, with mandatory interest on delayed payments specified.
The main legal point established in the judgment is the grant of pro rata pension to the petitioner based on similarity to other petitioners in related cases.
The court affirmed the right to equality under Article 14, directing that a petitioner similarly situated to prior cases be granted pro rata pension, ensuring fair administrative practice in verifica....
The court determines the eligibility for pro rata pensions based on prior judgments and mandates verification of petitioners' claims, ensuring equitable treatment.
Court mandates compliance with precedents granting pro rata pensions, requiring verification of petitioners' eligibility and stipulating interest on delayed payments.
The court affirmed the right to pro rata pension for similarly situated individuals, emphasizing the requirement of verification and timely payment of entitlements.
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 court directed the payment of pro rata pension to the petitioner if found similarly situated as in prior decisions, establishing the principle of equality and fair treatment under law.
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