Entitlement to pro rata pension established upon verification of petitioners' status against precedent cases, with stipulated interest on delayed payments.

Headnote:(A) Administrative Law - Judicial review - Pro rata pension claims - Petitioners claim entitlement to pro rata pension based on similar past judgments, Brijlal Kumar v. Union of India and Govind Kumar Srivastava v. Union of India. - Court directs the Indian Air Force to verify and provide relief if petitioners are found similarly placed (Paras 1-4).

(B) Payment of arrears - Court stipulates that if arrears of pro rata pension are not paid within twelve weeks, interest at 7% per annum will be applicable from the expiry of that period (Paragraph 5). Fact of the case: Petitioners assert the right to pro rata pension similar to prior settled petitions and provided NOCs.

Findings of Court:
Petition disposed with an instruction to grant pro rata pension if applicable.

Issues: Determining whether petitioners qualify for the same pension relief as in earlier judgments.

Ratio Decidendi: The court emphasized verification of the petitioners' claims against established judgments and clarified the procedural obligation to communicate any denial to petitioners (Paragraphs 4).

Result: Petition disposed of with directions to grant pro rata pension or communicate reasons for denial.

Table of Content
1. petitioners claim for pro rata pension. (Para 1 , 2)
2. respondents acknowledge verification rights. (Para 3)
3. court directs payment of pro rata pension. (Para 4)
4. interest applicable on delayed payments. (Para 5)

JUDGMENT

Manmohan, J. (Oral)

C.M.No. 46171/2021 (Exemption)

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

W.P.(C) 14657/2021

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 seek 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.

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