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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Pushpendra Kumar Gupta – Appellant
Versus
Union of India – Respondent
| 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 agains
Equal treatment under Article 14 mandates that similarly situated individuals must be granted the same entitlements, with a requirement for justification on any discrepancies.
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.
Equitable treatment mandates that similarly placed individuals receive the same pension benefits, with rights for verification and appeal preserved.
Court directed verification for pro rata pension based on prior judgments, requiring timely compliance and communication of reasons if denied the relief.
The court mandated equal treatment for similarly situated petitioners in pension matters, affirming the provision of arrears based on prior judgments.
Public service pension claims must be verified fairly, ensuring timely and equal treatment for similarly situated petitioners.
Petitioners can receive pro rata pension if verified to be in similar circumstances as prior petitioners, with a provision for interest on delayed payments.
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.
The court establishes that pension claims must be assessed based on established precedents ensuring equity and mandated timelines for verification and payment.
Court affirmed the right to pro rata pension based on established precedents, emphasizing procedural compliance and timely communication regarding entitlement determinations.
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