Court reinforces equal treatment in pension claims and affirms verification protocols for entitlement based on prior judgments.

Headnote:(A) Writ Petition concerning pension entitlements - Claim for pro rata pension - Petitioner seeks relief based on the precedent set in Brijlal Kumar v. Union of India and Govind Kumar Srivastava v. Union of India - Respondents directed to verify petitioner's eligibility within twelve weeks. (Paras 1-5)

(B) Verification and appeal rights - The respondents retain the right to verify claims while the petition is disposed of with specific directions regarding entitlement to arrears and future payments. (Paras 3-4)

(C) Interest on delayed payment - If arrears are not paid within the stipulated time, interest at the rate of 7% per annum is applicable. (Paras 4-5)

Facts of the case:
The petitioner claims to be similarly placed as in prior cases for entitlement to pro rata pension and has provided requisite NOCs.

Findings of Court:
The petition is disposed directing verification of eligibility for pension as per past judgments with rights to object and appeal remaining intact.

Issues: The main issues were the petitioner’s eligibility for pro rata pension based on past judgments and the circumstances of entitlement.

Ratio Decidendi: The court underscores the importance of treating similarly situated individuals equitably regarding pension entitlements and provides a framework for verification and potential remedy.

Result: Petition disposed of with directions.

Table of Content
1. claim for pro rata pension (Para 1 , 2)
2. respondents' agreement with conditions (Para 3)
3. disposition and verification directive (Para 4)
4. interest on unpaid pension arrears (Para 5)

JUDGMENT

Manmohan, J. (Oral)--Learned counsel for the petitioner states that the petitioner in this petition claims to be similarly placed to the petitioner in Brijlal Kumar v. Union of India and others 2020 SCC OnLine Del 1477 and the petitioner 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 and the application stand 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 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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