The court mandates that individuals similarly placed as in prior judgments must receive identical pension relief, subject to verification by the relevant authority.

Headnote:(A) Pro Rata Pension - The court emphasizes the need for uniformity in pension disbursements for similarly placed individuals, mandating verification by respondents. The petitioners were held entitled to the same relief as previously granted in established cases. (Paras 1-5)

(B) Judicial Precedent - The principles laid down in earlier judgments are reiterated, establishing the framework for entitlement to pension based on comparability. (Paras 1-5)

Facts of the case:
Petitioners seek the same relief of pro rata pension as granted to earlier petitioners in established cases, maintaining they are similarly situated. The requisite NOC is present.

Findings of Court:
The court directs the Indian Air Force to grant pro rata pension benefits to petitioners if found similarly placed within the specified timeframe, with conditions for verification outlined.

Issues: Primarily, whether the petitioners qualify for pro rata pension based on comparability with earlier judgments.

Ratio Decidendi: The court underscored adherence to established judgments, mandating the same relief for similarly placed individuals, subject to verification.

Result: Petition allowed.

Table of Content
1. petitioners seek relief of pro rata pension. (Para 1 , 2)
2. respondents acknowledge appeal rights. (Para 3)
3. order for granting pro rata pension. (Para 4)
4. interest applicable for unpaid arrears. (Para 5)

JUDGMENT

Manmohan, J. (Oral)--Learned counsel for the petitioners states that the petitioners in this petition claim 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 seek the same relief as claimed therein i.e. of pro rata pension.

2. Learned counsel for the petitioners, 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 petitioners to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions, to grant them 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 petitioners. However, if on verification, it is found that the petitioners, for any reason, are 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 petitioners, not so found entitled, the reasons in writing thereof and in which event, the petitioners 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 petitioners 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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