The court upheld the entitlement of the petitioner to pro rata pension if found similarly placed to certain earlier petitioners, establishing the principle of equal treatment under law regarding pension rights.

Headnote:(A) Constitution of India - Article 14 - Pension - Petitioner claims relief of pro rata pension similar to earlier judgments involving pro rata pension entitlements - Respondents are directed to verify status and pay arrears within twelve weeks - Failure to pay entails interest on delayed amounts. (Paras 1-5)

(B) Judicial Precedent - The principle of similar treatment under the law is upheld in the context of discharge from service and entitlement to pension. (Paras 1-4)

(C) Right to Appeal - Ensured for decisions entered by the respondents as per prior judgments, with a procedural requirement for communication of non-entitlement. (Paras 4-5)

Table of Content
1. claim for pro rata pension similarity established. (Para 1 , 2)
2. respondents acknowledge right to appeal. (Para 3)
3. petitioner's entitlement to verified pension directed. (Para 4)
4. interest stipulated if payment delayed. (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 and applications are 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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