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.

Headnote:(A) Constitution of India - Article 226 - Petition for pro rata pension - Petitioner claims similarity to the petitioners in previous rulings and seeks similar relief of pro rata pension - The court directs the Indian Air Force to determine entitlement within twelve weeks and to communicate the reasons if the petitioner is not entitled - Interest on unpaid arrears set at 7% per annum from the expiry of the twelve weeks. (Paras 1-5)

(B) Judicial Review - The court highlights that subject to verification rights, fairness requires timely consideration of pension applications similar to prior judgments. (Paras 3, 4)

Facts of the case:
The petitioner alleges entitlement to pro rata pension based on similar previous cases and confirms submission of necessary documentation.

Findings of Court:
The court ordered the respondents to verify the entitlement within twelve weeks and to pay arrears in the event of eligibility, along with interest for delays.

Issues: The main issues involved verifying the petitioner's entitlement to pro rata pension and ensuring compliance with previous court rulings regarding similar claims.

Ratio Decidendi: The court emphasized that cases should be handled with fairness and expeditious verification, ensuring that petitioners are informed of their rights in a timely manner.

Result: Petition disposed of in favor of granting relief subject to verification.

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 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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