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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Niranjan Lal – Appellant
Versus
Union of India – Respondent
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)
The court mandated verification of petitioners' entitlements to pro rata pension based on precedents, with interest on late payments.
The court affirmed the right to pro rata pension for eligible petitioners, ensuring compliance with equal treatment principles and due verification standards from prior judgments.
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 establishes that pension claims must be assessed based on established precedents ensuring equity and mandated timelines for verification and payment.
Entitlement to pro rata pension established upon verification of petitioners' status against precedent cases, with stipulated interest on delayed payments.
Right to pro rata pension affirmed, contingent on verification of eligibility based on precedents; procedural fairness mandated by providing written reasons for any denials.
Public service pension claims must be verified fairly, ensuring timely and equal treatment for similarly situated petitioners.
Equitable treatment mandates that similarly placed individuals receive the same pension benefits, with rights for verification and appeal preserved.
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.
Equal treatment under Article 14 mandates that similarly situated individuals must be granted the same entitlements, with a requirement for justification on any discrepancies.
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