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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Raj Kumar PVK - Appellant
Versus
Union of India - Respondent
W.P. (C) 2358 of 2021, CM Appl. 6894 of 2021
Decided On : 22-02-2021
Important Points
Subject
Administrative Law - Pensions and Retirement Benefits
Headnote
(B) Exemption - Exemption from the requirements allowed subject to just exceptions (Para 1).
(C) Petition disposition - The respondents are directed to verify the petitioner's claims within twelve weeks and provide benefits accordingly, including 7% interest on delayed payment (Paras 5 and 6).
(D) If verification finds the petitioner not entitled, reasons must be communicated for further remedies (Para 5).
Findings of Court:
The court orders verification from the Indian Air Force (IAF) and alternative remedies should be provided if the claim is denied.
Issues: Whether the petitioner is entitled to pro rata pension based on previous rulings.
Ratio Decidendi: The court emphasizes the need for compliance with precedent cases and establishes that the decision must consider justifications if claims are contested.
Result: Petition disposed of with directions for verification.
| Table of Content |
|---|
| 1. petitioner claims pro rata pension. (Para 1 , 2 , 3) |
| 2. respondents agree to verification rights. (Para 4) |
| 3. approval of pro rata pension contingent on status. (Para 5) |
| 4. interest on unpaid pension arrears stipulated. (Para 6 , 7) |
JUDGMENT
Manmohan, J. (Oral):
CM APPL. 6894/2021 (Exemption) in W.P. (C) 2358/2021
Exemption allowed, subject to all just exceptions.
W.P. (C) 2358/2021
1. The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioners state 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 26thApril, 2019] and seeks the same relief as claimed therein i.e. of pro rata pension.
3. Learned counsel for the petitioner, on enquiry, state that the requisite No Objection Certificates (NOCs) had been given.
4. Learned counsel for the respondents fairly state 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 and application are 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, 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 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. Needless to state that if any documents are asked for by the respondents, the same shall be furnished by the petitioner within a week.
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.
