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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Nirkara Subudhi – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners claim relief based on precedent cases. (Para 2 , 3) |
| 2. respondents agree to verify claims with rights reserved. (Para 4) |
| 3. court orders payment of pro rata pension within timeline. (Para 5 , 6) |
| 4. order to be communicated and published promptly. (Para 7) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioners states that the petitioners in the present petition 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.
3. Learned counsel for the petitioners, on enquiry, states that the requisite No Objection Certificates (NOCs) had been given.
4. Learned counsel for the respondents fairly states 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, t
The court established the principle that similarly placed individuals must be granted equal pension benefits, ensuring fairness and due process in administrative decisions.
Similar claimants must be granted equal pension rights based on verified eligibility against established legal precedents.
The court emphasized the principle of equal treatment for similarly situated individuals regarding pension entitlements, mandating verification by the Indian Air Force based on established precedents....
The court established that procedural verification is necessary for pension claims, ensuring fairness and timely payments to eligible individuals.
Entitlement to pro rata pension established, conditional on verification of similarity to other petitioners' cases.
Verification of pension entitlement must align with precedents, ensuring petitioner receives due process and fair assessment based on comparability to similar cases.
Entitlement to pro rata pension hinges on verification of petitioner's status against established criteria, preserving rights to appeal and ensuring timely payment with interest.
The court held that petitioners in similar circumstances are entitled to equal treatment in terms of pension, with the requirement for timely verification and communication of rights.
The court affirmed the right to equal treatment in pension claims, requiring verification of eligibility related to prior judgments while ensuring the petitioner can appeal if denied.
Entitlement to pro rata pension must be granted to similarly placed petitioners under prior judgments, subject to empirical verification.
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