Court affirmed the right to pro rata pension based on established precedents, emphasizing procedural compliance and timely communication regarding entitlement determinations.

Headnote:(A) Writ Petition - Claim for pro rata pension - The petitioner claimed entitlement to pro rata pension based on earlier rulings in similar cases, namely Brijlal Kumar v. Union of India and Govind Kumar Srivastava v. Union of India, seeking identical relief.|

(B) Writ Petition - Similarity in cases - The court acknowledged the applicability of earlier judgments to the petitioner’s situation, noting that sufficient compliance with formal requirements (NOCs) had been met.|

Facts of the case:
The petitioner sought relief arguing similarity with prior petitioners, emphasizing the established basis for pro rata pension.|

Findings of Court:
The court directed the Indian Air Force to grant the petitioner pro rata pension if similarly positioned; otherwise, reasons for denial were to be communicated.|

Issues: The main issues were determining the petitioner’s entitlement based on similar precedents and procedural compliance.|

Ratio Decidendi: The court underscored adherence to previous judgments and the importance of a clear verification process for entitlement, allowing for recourse if denied.|

Result: Petition disposed of; respondents directed to act within twelve weeks.

Table of Content
1. claim for pro rata pension based on similar petitions. (Para 1 , 2)
2. court finds no need to adjourn the hearing. (Para 3)
3. directive to grant pro rata pension if similarly placed. (Para 4)
4. interest on unpaid pro rata pension arrears. (Para 5)

JUDGMENT

Manmohan, J. (Oral)

CM APPL. 47666/2021 (Exemption)

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

W.P.(C) 15129/2021

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 prays for some time to obtain instructions. However, as a large number of similar writ petitions have already been disposed of, this Court finds no purpose in adjourning the matter.

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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