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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Ashweani Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 14516 of 2021
Decided On : 17-12-2021
Important Points
Subject
Pensions - Administrative Law
Headnote
(B) Pension Entitlement - The court affirmed the requirement for the Indian Air Force to communicate any reasons for non-entitlement on verification and stated that petitioners could pursue further remedies in such cases. (Paras 4-5)
Facts of the case:
Petitioners sought pro rata pension based on their similarity to previous petitioners in connected cases; requisite NOCs had been provided.
Findings of Court:
The court ordered verification within twelve weeks, granting pro rata pensions if entitlement is confirmed.
Issues: The core issues included the eligibility of the petitioners for pro rata pensions and the obligation of the Indian Air Force to justify any refusal.
Ratio Decidendi: The court emphasized the necessity of verification process and communication of reasons for denying pro rata pension entitlement to the petitioners, ensuring the potential for further legal remedies.
Result: Petition disposed of with directions for verification and payment.
| Table of Content |
|---|
| 1. petitioners claim for pro rata pension. (Para 1 , 2) |
| 2. respondents agree to verify eligibility. (Para 3) |
| 3. court orders payment of pro rata pension. (Para 4) |
| 4. interest applies for delayed pension payment. (Para 5) |
JUDGMENT
Manmohan, J. (Oral):
C.M.No.45682/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P. (C) 14516/2021
1. Learned counsel for the petitioners states that the petitioners in this petition claim 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 petitioners, on enquiry, states 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 petitioners to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions supra, to grant them 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 petitioners, for any reason, are 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 petitioners, not so found entitled, the reasons in writing thereof and in which event, the petitioners 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 petitioners 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.
