Entitlement to pro rata pension hinges on verification of petitioner's status against established criteria, preserving rights to appeal and ensuring timely payment with interest.

JUDGMENT

Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.

2. Learned counsel for the petitioner states that the petitioner in the petition 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.

3. Learned counsel for the petitioner, on enquiry, stated 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 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 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.

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. Learned counsel for petitioner assures and undertakes to this Court that in the event the present order is complied with, she shall withdraw the O.A. No.1465/2017 filed by the petitioner before the Armed Forces Tribunal. The statement made by the learned counsel for petitioner is accepted by this Court and petitioner is held bound by the same.

8. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.