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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Niranjan Lal - Appellant
Versus
Union of India - Respondent
W.P. (C) 4286 of 2021, W.P. (C) 4923 of 2021 and W.P. (C) 4925 of 2021
Decided On : 22-04-2021
Important Points
Subject
Pension Law - Public Sector Pension Entitlements
Headnote
(B) Judicial Precedent - The judgments in Brijlal Kumar and Govind Kumar Srivastava case serve as precedents for entitlement to pro rata pensions. (Paras 1-5)
Facts of the case:
Petitioners allege entitlement to pro rata pension based on prior judgments and assert similarity with other petitioners. Required documentation has been provided to the respondents.
Findings of Court:
The court directs the Indian Air Force to verify petitioners’ claims and pay arrears of pro rata pension within twelve weeks if entitled, failing which interest shall accrue.
Issues: Whether the petitioners are similarly placed to previous petitioners to claim pro rata pension.
Ratio Decidendi: The court affirms that the rights of the petitioners depend on their similarity with previous judgments, directing verification and timely payment to ensure entitlement is honored.
Result: Petitions disposed with directions.
JUDGMENT
Manmohan, J. (Oral)--These petitions have been heard by way of video conferencing.
CM APPL. 13039/2021 (Exemption) in W.P. (C) 4286/2021
CM APPL.15123/2021 (Exemption) in W.P. (C) 4923/2021
CM APPL. 15125/2021 (Exemption) in W.P. (C) 4925/2021
Exemption allowed, subject to all just exceptions.
Applications stand disposed of.
W.P. (C) 4286/2021
W.P. (C) 4923/2021
W.P. (C) 4925/2021
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 seek 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 petitions be disposed of.
4. Accordingly, the petitions are 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 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(s), not so found entitled, the reasons in writing thereof and in which event, the petitioner(s) 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(s) 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. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
