Entitlement to pension must be verified against precedent judgments, with interest on arrears if payment is delayed beyond stipulated time.

Headnote:(A) Service Law - Pro Rata Pension - Petitioner claims to be similarly placed as petitioners in prior judgments seeking pro rata pension relief - NOCs provided by the petitioner - Court disposed of the petition directing the respondents to grant relief upon verification of eligibility - If not found entitled, reasons must be communicated in writing - Arrears of pension to incur interest if not paid within twelve weeks. (Paras 1, 4, 5)

(B) Retirement Benefits - Entitlement to pension must be established on verification of similar circumstances, guidance from previous cases considered. (Para 1)

Facts of the case:
The petitioner claims pro rata pension based on analogous cases, asserting that requisite NOCs were submitted.

Findings of Court:
The Court ordered that if eligible, the petitioner should receive the same relief as granted in analogous cases, specifically concerning arrears of pension and future payments.

Issues: The key issue relates to the verification process for pension entitlement and the stipulation of interest on delayed payments.

Ratio Decidendi: The court emphasized the necessity of verifying the petitioner’s entitlement in light of previous judgments, reinforcing that due process must be followed to communicate reasons for any denial of benefits.

Result: Petition disposed of as directed.

Table of Content
1. claim for pro rata pension based on similar cases. (Para 1 , 2)
2. agreement on verification rights and appeals. (Para 3)
3. court's directive for pension relief if verification is positive. (Para 4)
4. interest on unpaid pension arrears after deadline. (Para 5)

JUDGMENT

Manmohan, J. (Oral)--Learned counsel for the petitioner state that the petitioner in this petition claims to be similarly placed to the petitioners in Brijlal Kumar v. Union of India and others 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.

2. Learned counsel for the petitioner, on enquiry, states that the requisite No Objection Certificates (NOCs) had been given.

3. Learned counsel for the respondents fairly states that subject to right to verification and right of appeal to the Supreme Court against the judgment in Brijlal Kumar (supra) being saved, the petition be disposed of.

4. Accordingly, the petition is disposed of directing the respondents Indian Air Force that within twelve weeks herefrom, if they find the petitioner to be similarly placed as the petitioner in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions (supra), to grant him 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 petitioner, for any reason, is 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 being in personam, the respondents, within the said twelve weeks, shall communicate to the petitioner, not so found entitled, the reasons in writing thereof and in which event, the petitioner shall be entitled to take further remedies there against. Needless to state that if any document is asked for by the respondents, the same shall be furnished by the petitioner 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.

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