The court affirmed the entitlement to pro rata pension for similarly placed petitioners, directing timely verification and payment of arrears.

Headnote:(A) Pro rata pension - Legal principles established in cases of Brijlal Kumar v. Union of India and Govind Kumar Srivastava - The petitioners in these cases were similarly situated and entitled to relief of pro rata pension. (Paras 1-4)

(B) Petitioners granted assurance of pension - The court directed the respondents to verify eligibility for pro rata pension within twelve weeks. (Para 4)

Facts of the case:
The petitioner claims a pro rata pension similar to petitioners in connected precedents, asserting possession of No Objection Certificates.

Findings of Court:
The court ordered that if verified as similarly placed, the petitioner should receive arrears of pro rata pension from the date of discharge.

Issues: The main issue addressed was the eligibility for pro rata pension based on similar previous decisions.

Ratio Decidendi: The court held that entitlement to pro rata pension must be determined through verification in line with established precedents, ensuring fairness and procedural justice.

Result: Petition disposed of accordingly.

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 connected petitions 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, state that the requisite No Objection Certificates (NOCs) had been given.

3. Learned counsel for the respondents fairly states that subject to the right to verification and the 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 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 supra 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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