Public service pension claims must be verified fairly, ensuring timely and equal treatment for similarly situated petitioners.

Headnote:(A) Writ Petition - Claim for pension - The petitioners seek pro rata pension citing similarity with previous cases, specifically referring to Brijlal Kumar v. Union of India and Govind Kumar Srivastava v. Union of India, with requisite NOC provided (Paras 1-2).

(B) Administrative duty of verification - The court directs the Indian Air Force to assess the petitioners' claims and if found similar, to grant relief within twelve weeks, else to provide written reasons for any denial (Paras 4-5).

(C) Interest on delayed payment - Arrears not paid within the stipulated period shall incur interest at the rate of 7% per annum from the expiry of the twelve weeks (Para 5).

Facts of the case:
The petitioners claim pro rata pension based on their similarity to other petitioners in prior judgments related to pension entitlements after discharge from service.

Findings of Court:
The court disposes of the petition directing the Indian Air Force to evaluate and provide the same pension relief if applicable within the specified timeframe.

Issues: The main issue addressed is whether the petitioners are similarly situated to earlier cases, warranting the same pension relief.

Ratio Decidendi: The court underscores the principle of equality and fair entitlement in public service pensions, mandating timely verification of claims to ensure justice.

Result: Petition disposed of with directives for compliance within twelve weeks.

JUDGMENT

Manmohan, J. (Oral)

CM APPL. 9807/2021 (Exemption) in W.P. (C) 3223/2021

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

W.P. (C) 3223/2021

1. Learned counsel for the petitioners states that the petitioners in these 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 seeks 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 Certificates (NOCs) 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 petition be disposed of.

4. Accordingly, the petition is 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 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 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. Needless to state that if any documents are asked for by the respondents, the same shall be furnished by the petitioners within a week.

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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