Delhi High Court
Vinay Kumar Karn vs Union Of India & Ors. on 24 August, 2021
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4617/2021
VINAY KUMAR KARN ..... Petitioner
Through: Mr. Ravindra Kanth, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms. Rashmi Bansal with Mr. Rajat
Bhatia, Advocates.
% Date of Decision: 24rd August, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J: (Oral)
1. The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioner states that the petitioner in the
present wit petition claims to be similarly placed to the petitioner 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.
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:26.08.2021
19:21:36
3. Learned counsel for the petitioner, on enquiry, states that the requisite
No Objection Certificates (NOCs) had been given.
4. 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.
5. Accordingly, the petition along with pending application is disposed
of directing the respondent 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 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.
6. 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.
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:26.08.2021
19:21:36
7. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
NAVIN CHAWLA, J
AUGUST 24, 2021
AS
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:26.08.2021
19:21:36
