W.P.(C) 10471/2021

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$~S-21

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 10471/2021 & CM APPL. 32271/2021

PILAKA NAGA SWAROOP

..... Petitioner

Through:

Mr. Ved Prakash, Advocate.

versus

UNION OF INDIA & ORS.

..... Respondents

Through:

Mr.

Akshay

Amritanshu,

Advocate with Mr. Jitendra

Kumar Tripathi, Advocate for

UOI.

%

Date of decision: 20^th September, 2021

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE NAVIN CHAWLA

1.

Learned counsel for the petitioner states that the petitioner in

this petition claims 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

26

MANMOHAN, J. (Oral)

th

2.

Learned counsel for the petitioner, on enquiry, states that the

requisite No Objection Certificate (NOC) had been given.

April, 2019] and seeks the same relief as claimed therein i.e. of

pro rata pension.

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

2021:DHC:2932-DB

W.P.(C) 10471/2021

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petition be disposed of.

4.

Accordingly, the petition along with pending application is

disposed of directing the respondents Indian Navy 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, 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 KumarSrivastava (supra) and Brijlal Kumar

(supra) and other connected petitions 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.

MANMOHAN, J

NAVIN CHAWLA, J

SEPTEMBER 20, 2021/TS

2021:DHC:2932-DB