Petitioners can receive pro rata pension if verified to be in similar circumstances as prior petitioners, with a provision for interest on delayed payments.

Headnote:(A) Writ Petition (Civil) - Pro Rata Pension - The petitioners sought relief similar to previous judgments regarding pro rata pension based on being similarly placed - The court directed respondents to verify and grant arrears of pro rata pension if applicable - Interest of 7% per annum applicable on delayed payments. (Paras 1-5)

(B) Verification and Communication - Respondents must communicate reasons if petitioners are not entitled to pro rata pension after verification. (Para 4)

Facts of the case:
The petitioners claimed to be entitled to pro rata pension akin to decisions in earlier cases, having obtained necessary NOCs.

Findings of Court:
The court ordered the respondents to grant relief within twelve weeks, failing which interest would accrue on unpaid amounts.

Issues: The applicability of pro rata pension rights based on similar circumstances as previous judgments and the requirement for respondents to provide reasons if relief is not granted.

Ratio Decidendi: The court emphasized the entitlement to similar relief based on prior judgments and mandated a verification process, ensuring petitioners' rights are protected.

Result: Petition disposed of in favor of granting pro rata pension contingent on verification.

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) 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 them 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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