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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Pushpendra Kumar Gupta - Appellant
Versus
Union of India - Respondent
W.P.(C) 4191 of 2021
Decided On : 07-04-2021
Important Points
Subject
Administrative Law - Pensions
Headnote
(B) Administrative Law - Judicial review - The court emphasizes the necessity for the respondents to justify any denial of claims communicated in writing, allowing for further legal remedies. (Paras 4)
Facts of the case:
The petitioner claims entitlement to pro rata pension similar to petitioners in previous cases. NOCs were provided, and the respondents agreed to verify and potentially grant the same relief.
Findings of Court:
The petition is disposed of, directing the Indian Air Force to confirm eligibility for arrears of pro rata pension within twelve weeks, subject to verification.
Issues: The core issue revolves around the petitioner’s claim to equal treatment regarding pension rights.
Ratio Decidendi: The court ruled that verification of claims is necessary, and if denied, the petitioner must be provided with written reasons allowing for appeals.
Result: Petition disposed of in favor of the petitioner’s entitlement to verification of claims.
| Table of Content |
|---|
| 1. petitioner claims similarity for pro rata pension (Para 1 , 2) |
| 2. respondents agree to verify entitlement (Para 3) |
| 3. directives for pro rata pension granted (Para 4) |
| 4. interest to accrue on delayed payments (Para 5) |
JUDGMENT
Manmohan, J. (Oral):
CM APPL. 12746/2021 (Exemption) in W.P. (C) 4191/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P. (C) 4191/2021
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 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 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 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.
