Back
DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Pratap Chandra Mallik (Ex CPL 742642) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. similar entitlement claims for pension (Para 2 , 3) |
| 2. right to verification and appeal retained (Para 4) |
| 3. directions for pension payment and verification (Para 5 , 6) |
| 4. order to be publically available and communicated (Para 7) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioner states that the petitioner in the present 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.
3. Learned counsel for the petitioner, 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, the petition be disposed of.
5. Acco
The court established that procedural verification is necessary for pension claims, ensuring fairness and timely payments to eligible individuals.
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 established, conditional on verification of similarity to other petitioners' cases.
The court established that the entitlement to pro rata pension depends on verification of eligibility according to past judicial rulings.
The court mandates that the petitioner must receive pro rata pension if found similarly situated to previous petitioners, along with conditions for communication of reasons if denied.
Entitlement to pro rata pension hinges on similar circumstances established in prior rulings, requiring timely verification and communication from the governing body.
The petitioner is entitled to pro rata pension if found similarly placed as previous petitioners, with interest on delayed dues.
The court mandated verification of entitlement for pro rata pension based on established precedents, ensuring timely payment with interest if delayed.
The court confirmed the right to verify eligibility for pro rata pension, mandating payments and establishing procedures for denied claims.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
