Eligibility for pro rata pension must be verified by the respondents based on previous judgments, with mandated communication of reasons if not granted.

Headnote:(A) Writ Petition - Pro Rata Pension - Petitioner claims relief similar to that in Brijlal Kumar v. Union of India and Govind Kumar Srivastava - Respondents directed to verify the petitioner's eligibility for pro rata pension and make payments accordingly - If not eligible, reasons must be communicated in writing. (Paras 1-4)

(B) Interest - Arrears of pro rata pension to incur interest @ 7% per annum if not paid within stipulated time. (Para 5)

Facts of the case:
The petitioner claims to be similarly placed as petitioners in previous cases and seeks payment of pro rata pension following the discharge from service. The requisite No Objection Certificate was provided.

Findings of Court:
The court directed the Indian Air Force to verify eligibility for the relief and grant arrears if applicable, with a provision for communication of reasons if not entitled.

Issues: The main issue was the determination of eligibility for pro rata pension based on previous judgments.

Ratio Decidendi: The court emphasized the need for verification of eligibility and timely communication of reasons for denial.

Result: Petition disposed of with directions.

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 disposed of directing the respondents-Indian Air Force that within twelve weeks herefrom, if they find the petitioner to be similarly placed as the petitioners 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 documents are 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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