Back
DELHI HIGH COURT
MANMOHAN, ASHA MENON
Rahul Kumar Mishra – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. similar relief sought as previous cases. (Para 1 , 2) |
| 2. respondents acknowledge appeal rights. (Para 3) |
| 3. directive to grant pro rata pension. (Para 4) |
| 4. interest on unpaid pension arrears. (Para 5) |
JUDGMENT
Manmohan, J. (Oral)
CM APPL. 12083/2021
Exemption allowed, subject to all just exceptions.
Accordingly, present application stands disposed of.
W.P.(C) 4004/2021
1. Learned counsel for the petitioners state 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, state that the requisite No Objection Certificates (NOCs) had been given.
3. 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) bein
Petitioners can receive pro rata pension if verified to be in similar circumstances as prior petitioners, with a provision for interest on delayed payments.
Equitable treatment mandates that similarly placed individuals receive the same pension benefits, with rights for verification and appeal preserved.
Entitlement to pro rata pension established upon verification of petitioners' status against precedent cases, with stipulated interest on delayed payments.
Right to pro rata pension affirmed, contingent on verification of eligibility based on precedents; procedural fairness mandated by providing written reasons for any denials.
The court establishes that pension claims must be assessed based on established precedents ensuring equity and mandated timelines for verification and payment.
Right to equal treatment in pension matters ensures that similarly situated individuals receive equivalent benefits, reinforced by prior decisions.
Public service pension claims must be verified fairly, ensuring timely and equal treatment for similarly situated petitioners.
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.
Equal treatment under Article 14 mandates that similarly situated individuals must be granted the same entitlements, with a requirement for justification on any discrepancies.
The court mandated verification of petitioners' entitlements to pro rata pension based on precedents, with interest on late payments.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
