Entitlement to pro rata pension is affirmed if eligibility is established, with a directive for timely payment and interest for delays.

Headnote:(A) Central Government Servants (Pension) Rules, 1972 - The petitioner claims entitlement to pro rata pension based on being similarly placed to previous petitioners - Directs Indian Air Force to review and grant relief if applicable - Time limit of twelve weeks set for compliance, failing which interest at 7% per annum shall accrue. (Paras 1-5)

(B) Jurisdiction - Right to verification and appeal retained for Supreme Court - Relieved of similar claims previously adjudicated. (Paras 3-4)

Facts of the case:
The petitioner claims entitlement to pro rata pension after discharge, asserting similarity with past petitioners in related cases where similar relief was granted. No Objection Certificates had been submitted.

Findings of Court:
The court directs that arrears of the pro rata pension must be paid if similar eligibility is established and that failure to pay would incur interest.

Issues: The court addresses whether the petitioner is entitled to pro rata pension similar to prior cases and the appropriate administrative process to verify this claim.

Ratio Decidendi: The court mandates prompt action by the Indian Air Force within a specified timeframe while preserving petitioner's right to contest verification results.

Result: Petition disposed of with directions.

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 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 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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