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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Vinay Kumar Karn – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition filed via video conferencing. (Para 1) |
| 2. petitioner claims similar relief to past cases. (Para 2 , 3) |
| 3. respondent agrees to verify petitioner's status. (Para 4) |
| 4. court orders verification and grant of pro rata pension. (Para 5) |
| 5. interest on delayed payment; order notice. (Para 6 , 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 wit petition claims to be similarly placed to the petitioner 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 Br
The court established that the entitlement to pro rata pension depends on verification of eligibility according to past judicial rulings.
Verification of pension entitlement must align with precedents, ensuring petitioner receives due process and fair assessment based on comparability to similar cases.
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.
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.
The court mandated verification of entitlement for pro rata pension based on established precedents, ensuring timely payment with interest if delayed.
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.
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 confirmed the right to verify eligibility for pro rata pension, mandating payments and establishing procedures for denied claims.
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