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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Prafull Chand, EX SGT 768805-R – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manmohan, J. (Oral)
CM APPL. 12728/2021 (Exemption) in W.P. (C) 4182/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P. (C) 4182/2021
1. Learned counsel for the petitioner states that the petitioner in this petition 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, 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 petitioner
A petitioner similarly placed to those in precedent cases may seek pro rata pension, with the court enforcing timely payment and stating penalties for delays.
Court directed verification for pro rata pension based on prior judgments, requiring timely compliance and communication of reasons if denied the relief.
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 equal treatment for similarly situated petitioners in pension matters, affirming the provision of arrears based on prior judgments.
Equitable treatment mandates that similarly placed individuals receive the same pension benefits, with rights for verification and appeal preserved.
Public service pension claims must be verified fairly, ensuring timely and equal treatment for similarly situated petitioners.
The court establishes that pension claims must be assessed based on established precedents ensuring equity and mandated timelines for verification and payment.
The court affirmed the right to pro rata pension for similarly situated individuals, emphasizing the requirement of verification and timely payment of entitlements.
The court directed the payment of pro rata pension to the petitioner if found similarly situated as in prior decisions, establishing the principle of equality and fair treatment under law.
Petitioners can receive pro rata pension if verified to be in similar circumstances as prior petitioners, with a provision for interest on delayed payments.
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