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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
U Nagarjun - Appellant
Versus
Union of India - Respondent
W.P.(C) 14297 of 2021 & CM 45089 of 2021
Decided On : 15-12-2021
Important Points
Subject
Pensions - Public Service
Headnote
(B) Right of verification - The petitioner must be accorded the benefit of arrears if entitled, subject to verification by the Indian Air Force - Failure to comply incurs interest at 7% per annum. (Paras 4, 5)
Facts of the case:
The petitioner, similarly placed as other petitioners, seeks pro rata pension and confirms possession of required NOCs. The respondents agreed to verify the entitlement based on prior judgments.
Findings of Court:
Petition disposed of, directing the Indian Air Force to ensure prompt payment if the petitioner is eligible based on verification of similar cases.
Issues: The main issue was whether the petitioner is entitled to pro rata pension based on circumstances similar to previously decided cases.
Ratio Decidendi: The court emphasized that verification of eligibility for benefits must consider precedents, granting entitlement unless substantial reasons for denial are established.
Result: Petition disposed of with a directive to pay pro rata pension contingent upon verification.
| Table of Content |
|---|
| 1. petitioner seeks pro rata pension. (Para 1 , 2) |
| 2. respondents agree to uphold rights. (Para 3) |
| 3. respondents to verify and grant pension. (Para 4) |
| 4. interest on delayed payment. (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 petitioners 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 petitioner in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions (supra), 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 document is 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.
