The court ruled that similar cases should receive equivalent relief in pension matters, ensuring equitable treatment in the absence of disqualifying factors.

Headnote:(A) Writ Petition - Pro Rata Pension - Claim for pro rata pension similar to previous judgments - Directives issued for the respondents to verify eligibility and pay arrears within twelve weeks, allowing for written reasoning if denial occurs - Interest of 7% per annum for delayed payment stipulated. (Paras 1-5)

(B) Jurisdiction - The court reinforces the principle of similar treatment in analogous cases, ensuring equitable relief in pension matters. (Paras 1-4)

Facts of the case:
The petitioner claims entitlement to pro rata pension, drawing parallels with prior cases, and asserts compliance with requisite No Objection Certificates (NOCs).

Findings of Court:
Directions were issued for the Indian Air Force to assess the petitioner’s eligibility within the provided timeframe, pending similar treatment as established in prior judgments.

Issues: The primary issue was the determination of eligibility for pro rata pension based on established precedents.

Ratio Decidendi: The court affirmed the necessity for equitable treatment, deciding that if the petitioner meets the criteria established in earlier cases, he should be granted similar relief.

Result: Petition disposed of, directives issued.

Table of Content
1. entitlement to pro rata pension based on prior cases. (Para 1 , 2)
2. reserving rights for verification and appeal. (Para 3)
3. directives for payment based on verification. (Para 4)
4. interest on overdue pension payments. (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 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 present 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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