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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Manoj Kumar Poddar (Ex CPL 733670-H) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. claim for pro rata pension (Para 1) |
| 2. noc submission (Para 2) |
| 3. respondent's condition for petition disposal (Para 3) |
| 4. court's directive on pension verification (Para 4) |
| 5. interest on delayed payments (Para 5) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
1. 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 resp
The court held that petitioners in similar circumstances are entitled to equal treatment in terms of pension, with the requirement for timely verification and communication of rights.
The court affirmed the right to equal treatment in pension claims, requiring verification of eligibility related to prior judgments while ensuring the petitioner can appeal if denied.
Entitlement to pro rata pension must be granted to similarly placed petitioners under prior judgments, subject to empirical verification.
The court mandates that the petitioner must receive pro rata pension if found similarly situated to previous petitioners, along with conditions for communication of reasons if denied.
The court mandated verification of entitlement for pro rata pension based on established precedents, ensuring timely payment with interest if delayed.
The entitlement to pro rata pension depends on verification of eligibility, ensuring adherence to past judgments while preserving the right to appeal.
Entitlement to pro rata pension established, conditional on verification of similarity to other petitioners' cases.
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....
The court established that procedural verification is necessary for pension claims, ensuring fairness and timely payments to eligible individuals.
Verification of pension entitlement must align with precedents, ensuring petitioner receives due process and fair assessment based on comparability to similar cases.
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