Equitable treatment mandates that similarly placed individuals receive the same pension benefits, with rights for verification and appeal preserved.

Headnote:(A) Central Government Employees Pension Rules, 1972 - Directions made for pro rata pension entitlement - Petitioner claims parity with previously adjudicated cases seeking similar remedies - Relevant judgments include Brijlal Kumar v. Union of India and Govind Kumar Srivastava v. Union of India regarding entitlement to pension based on verification of placement. (Paras 1-4)

(B) Rights of verification - Petition disposed with directive to verify the similarities in placement and provide reasons if not entitled - Respondents required to communicate findings and ensure timely payment inclusive of interest if delayed. (Paras 4-5)

Facts of the case:
The petitioner seeks a pro rata pension similar to what was granted in related cases; required NOCs were already issued.

Findings of Court:
Direction to Indian Air Force to assess similarity in placement and grant pension if affirmative.

Issues: Determination of entitlement based on similarity with previous petitioners' outcome.

Ratio Decidendi: Court emphasizes the need for equitable treatment among similarly placed individuals, granting rights to appeal if not qualified.

Result: Petition disposed with directives for compliance.

Table of Content
1. petitioner's claim for pro rata pension. (Para 1 , 2)
2. respondents' agreement under verification terms. (Para 3)
3. court directs payment of pension based on verification. (Para 4)
4. interest on delayed payment of pension. (Para 5)

JUDGMENT

Manmohan, J. (Oral)

CM APPL. 47294/2021 (Exemption)

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

W.P.(C) 14983/2021

1. Learned counsel for the petitioner states that the petitioner 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 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 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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