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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Mahender Singh Negi, Ex CPL 799195-R – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. claim for pro rata pension similarity (Para 1 , 2) |
| 2. right to appeal mentioned (Para 3) |
| 3. respondents' obligation to grant relief (Para 4 , 5) |
JUDGMENT
Manmohan, J. (Oral)
The petition has been heard by way of video conferencing.
CM APPL. 3714/2022 (Exemption)
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) 1265/2022
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 (supr
The court establishes that pension claims must be assessed based on established precedents ensuring equity and mandated timelines for verification and payment.
Equitable treatment mandates that similarly placed individuals receive the same pension benefits, with rights for verification and appeal preserved.
An individual claiming entitlement to pro rata pension must be evaluated based on the same criteria as established in analogous previous cases, with timely payment mandated.
Entitlement to pro rata pension established upon verification of petitioners' status against precedent cases, with stipulated interest on delayed payments.
Petitioners can receive pro rata pension if verified to be in similar circumstances as prior petitioners, with a provision for interest on delayed payments.
The court directed the Indian Air Force to verify entitlement for pro rata pension and communicate reasons for any denial, fostering rights to challenge such decisions.
Right to pro rata pension affirmed, contingent on verification of eligibility based on precedents; procedural fairness mandated by providing written reasons for any denials.
Equal treatment under Article 14 mandates that similarly situated individuals must be granted the same entitlements, with a requirement for justification on any discrepancies.
The court affirmed the right to pro rata pension for similarly situated individuals, emphasizing the requirement of verification and timely payment of entitlements.
Court affirmed the right to pro rata pension based on established precedents, emphasizing procedural compliance and timely communication regarding entitlement determinations.
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