The court emphasized equal treatment under law in pension entitlement cases, ordering pro rata pension for similarly placed petitioners subject to verification.

Headnote:(A) Constitution of India - Article 14 - Pro rata pension - Petition seeking relief similar to previous cases as referred to by the petitioner - The court directed the Indian Air Force to grant pro rata pension subject to verification, with provisions for interest on arrears if payment is delayed. (Paras 1-5)

(B) Public Law - Equality before law - Petitioner claims entitlement to equal treatment under law similar to peers in previous decisions. (Paras 1-5)

Facts of the case:
The petitioner claims to be similarly situated as in previous cases seeking pro rata pension, stating that requisite NOCs were obtained.

Findings of Court:
The court directed the respondents to grant relief if eligibility is confirmed, with specified timelines and repercussions for delayed payment.

Issues: The main issues are whether the petitioner is similarly placed as previous petitioners and the procedural obligations of the respondents to verify claims.

Ratio Decidendi: The court underscored the principle of equal treatment under the law, mandating the respondents to assess eligibility based on prior judgments while safeguarding the petitioner's rights to appeal.

Result: Petition disposed of with directions to grant pro rata pension upon verification.

Table of Content
1. petitioner claims similar reliefs as prior cases (Para 1 , 2)
2. respondents agree to relief under conditions (Para 3)
3. court orders verification and payment timeline (Para 4)
4. interest on late payments is stipulated (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 petitioner 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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