Entitlement to pro rata pension must be granted to similarly placed petitioners under prior judgments, subject to empirical verification.

Headnote:(A) Writ Petition - Order directing the grant of pro rata pension to a petitioner similarly placed as others - Subject to verification of entitlement by the Indian Air Force - Arrears to be paid with interest if not disbursed timely. (Paras 4 and 5)

(B) Pro Rata Pension - The petitioner must be treated in the same manner as those entitled under similar judgments in previous cases. (Para 4).

Facts of the case:
The petitioner seeks pro rata pension comparable to similar petitioners in past judgments and asserts that required No Objection Certificates have been provided.

Findings of Court:
The petition is disposed off directing the Indian Air Force to grant pro rata pension if the petitioner is found similarly placed.

Issues: The primary issue is the entitlement of the petitioner to pro rata pension based on prior judgments.

Ratio Decidendi: The court emphasizes the need to universally apply similar judgments to similarly situated petitioners while allowing for verification.

Result: Petition disposed of as directed.

Table of Content
1. right to pro rata pension akin to similar petitioners. (Para 1)
2. nocs submitted by the petitioner. (Para 2)
3. respondents confirm appeal rights preserved. (Para 3)
4. order for payment of pro rata pension arrears. (Para 4)
5. interest applicable on delayed payment. (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 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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