Court directed verification for pro rata pension based on prior judgments, requiring timely compliance and communication of reasons if denied the relief.

Headnote:(A) Constitution of India - Article 226 - Pro rata pension - Petitioner claims similar relief as in connected petitions regarding pro rata pension and arrears thereon - Court directs Indian Air Force to verify entitlement and grant relief if similar placement is confirmed - Any reasons for denial to be communicated in writing within twelve weeks. (Paras 1-5)

(B) Interest on arrears - If arrears of pro rata pension are not paid within specified time, interest of 7% per annum to apply until payment. (Para 5)

Facts of the case:
The petitioner claims to be entitled to pro rata pension akin to petitioners in previous judgments and states requisite documents were submitted. The respondents noted the right to verify petitioner's status.

Findings of Court:
The court ordered the respondents to grant arrears and future payments if entitlement confirmed, providing a timeline for compliance and interest on delays.

Issues: The main issue was the verification of the petitioner's entitlement to pro rata pension compared to similar cases.

Ratio Decidendi: The court emphasized the need for verification based on previous rulings and the right to appeal, ensuring due process for the petitioner.

Result: Petition disposed of with directed compliance.

Table of Content
1. entitlement to pro rata pension based on similar cases. (Para 1 , 2)
2. verification rights and appeal preservation. (Para 3)
3. directives for pension grant and verification process. (Para 4)
4. interest on unpaid arrears of pension. (Para 5)
5. petitioner's undertaking to withdraw tribunal case. (Para 6)

JUDGMENT

Manmohan, J. (Oral):

CM APPL. 13126/2021 (Exemption) in W.P. (C) 4313/2021

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

W.P. (C) 4313/2021

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.

6. Learned counsel for petitioner assures and undertakes to this Court that in the event the present order is complied with, she shall withdraw the O.A. No.185/2019 filed by the petitioner before the Armed Forces Tribunal. The statement made by the learned counsel for petitioner is accepted by this Court and petitioner is held bound by the same.

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