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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Dhiraj Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 3628 of 2021
Decided On : 19-03-2021
Important Points
Subject
Administrative Law - Pension Rights
Headnote
(B) Writ Petition - The court affirms that the Indian Air Force must verify the petitioner's entitlement for pension matching the previous judgments, ensuring rightful payment and clear communication regarding denials. (Paras 4, 5)
Facts of the case:
The petitioner claims pro rata pension and indicates compliance with necessary documentation, seeking relief comparable to previous similar cases.
Findings of Court:
The court directed the Indian Air Force to grant the petitioner the same relief as in precedent cases if found similarly situated, and set a twelve-week deadline for payment of arrears with interest provisions.
Issues: The main issue addressed was whether the petitioner is entitled to pro rata pension based on previous judgments and the process for verification.
Ratio Decidendi: The court reinforced equality before the law, ensuring similarly placed individuals receive equivalent benefits and set forth clear procedures for entitlement verification.
Result: Petition disposed of.
| Table of Content |
|---|
| 1. petitioner claims entitlement to pro rata pension. (Para 1 , 2) |
| 2. respondents acknowledge conditions for pension. (Para 3) |
| 3. court orders verification and potential payment. (Para 4) |
| 4. interest on unpaid pension arrears specified. (Para 5) |
JUDGMENT
Manmohan, J. (Oral)
CM APPL. 11000/2021 (Exemption) in W.P. (C) 3628/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the applications stand disposed of.
W.P. (C) 3628/2021
1. Learned counsel for the petitioner states that the petitioner 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.
2. Learned counsel for the petitioner, 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 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, is 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.
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.
