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DELHI HIGH COURT
MANMOHAN, ASHA MENON
R. Raja Rathinam – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. hearing procedures and exemption from appearance. (Para 1 , 2) |
| 2. claims regarding pro rata pension based on previous judgments. (Para 3 , 4 , 5) |
| 3. directive to grant pension if similarly placed, with conditions. (Para 6 , 7) |
| 4. order for communication and document submission. (Para 8) |
JUDGMENT
Manmohan, J. (Oral):
1. The petition has been heard by way of video conferencing.
CM APPL. 4301/2021
2. Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
WP (C) No. 1498/2021
3. Learned counsel for the petitioner states that the petitioner in this petition claims to be similarly placed to the petitioner 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.
4. Learned counsel for the petitioner in this petition, on enquiry, states that the requisite No Objection Certificate (NOC) had been given.
5. Learned
Entitlement to pro rata pension is extended to similarly situated individuals, with mandatory verification of eligibility prior to payment and provision of interest on delayed payments.
Court mandates uniform treatment in pension claims based on prior judgments, ensuring timely payment and interest on delays.
The court establishes that pension claims must be assessed based on established precedents ensuring equity and mandated timelines for verification and payment.
An individual claiming entitlement to pro rata pension must be evaluated based on the same criteria as established in analogous previous cases, with timely payment mandated.
Equitable treatment mandates that similarly placed individuals receive the same pension benefits, with rights for verification and appeal preserved.
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 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.
The court mandates that if the petitioner is similarly placed as in prior judgements, pro-rata pension must be granted, reinforcing the obligation for verification and timely communication regarding ....
The court affirmed the right to pro rata pension for eligible petitioners, ensuring compliance with equal treatment principles and due verification standards from prior judgments.
The entitlement to pro rata pension, verification of entitlement, communication of reasons for non-entitlement, and the consequences of non-payment of arrears with interest.
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