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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Suresh Sivanandan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner claims entitlement to pro rata pension. (Para 1 , 2) |
| 2. respondents acknowledge right to appeal. (Para 3) |
| 3. respondents to verify and potentially grant relief. (Para 4) |
| 4. interest applicable for delayed pension payment. (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 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.
2. Learned counsel for the petitioner, on enquiry, states that the requisite No Objection Certificate (NOC) had been given.
3. 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.
4. Accordingly, the petition along with pending application is dispose
Eligibility for pro rata pension must be verified by the respondents based on previous judgments, with mandated communication of reasons if not granted.
The court ruled that similar cases should receive equivalent relief in pension matters, ensuring equitable treatment in the absence of disqualifying factors.
The court mandates that individuals similarly placed as in prior judgments must receive identical pension relief, subject to verification by the relevant authority.
The court underscored that similar cases dictate entitlement to pro rata pension, necessitating verification by the relevant authority within a specified timeframe.
Entitlement to pro rata pension is affirmed if eligibility is established, with a directive for timely payment and interest for delays.
Eligibility for pro rata pension must align with precedents if similarly placed; due process requires verification and may include appeal rights.
The court upheld the entitlement of the petitioner to pro rata pension if found similarly placed to certain earlier petitioners, establishing the principle of equal treatment under law regarding pens....
Entitlement to pension must be verified against precedent judgments, with interest on arrears if payment is delayed beyond stipulated time.
Court reinforces equal treatment in pension claims and affirms verification protocols for entitlement based on prior judgments.
The court emphasized equal treatment under law in pension entitlement cases, ordering pro rata pension for similarly placed petitioners subject to verification.
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