The court emphasized the principle of equal treatment for similarly situated individuals regarding pension entitlements, mandating verification by the Indian Air Force based on established precedents.

Headnote:(A) Constitution of India - Right to Equality - Article 14 - The petitioners claim to be similarly placed as previous petitioners in related cases regarding pro rata pension entitlements, seeking the same relief - The court directed the Indian Air Force to verify the petitioners' eligibility for pro rata pension and grant necessary payment if entitled, or provide written reasons if not - The court emphasized timely payment of arrears with interest if not disbursed within twelve weeks. (Paras 1-5)

(B) Judicial Precedent - The court recognizes established judgments as precedential authority for determining entitlements of similarly situated petitioners. (Paras 1-4)

Facts of the case:
Petitioners, similarly situated as those in earlier cases, sought pro rata pension post-discharge; requisite NOCs had been provided.

Findings of Court:
Directed the respondents to grant pension if eligible, or provide written reasons for denial within twelve weeks.

Issues: Determination of eligibility for pension based on prior judgments.

Ratio Decidendi: The court upheld the principle of equal treatment under the law and mandated verification of entitlement based on prior decisions.

Result: Petition disposed of with directions.

Table of Content
1. claim for pro rata pension based on similar cases (Para 1 , 2)
2. agreement to dispose case with conditions (Para 3)
3. directives for granting pro rata pension (Para 4)
4. interest on unpaid pension arrears (Para 5)

JUDGMENT

Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.

1. Learned counsel for the petitioners states that the petitioners 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 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 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 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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