Rajesh Kumar Pandey Ex Cpl ... vs Union Of India & Ors.
2021 Latest Caselaw 3545 Del

                          $~144
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                         Date of Decision: 20th December, 2021
                          +     W.P.(C) 14657/2021

                                RAJESH KUMAR PANDEY EX CPL 763892-B & ANR.
                                                                    ..... Petitioners
                                            Through: Ms.Pallavi    Awasthi         &
                                                     Mr.Divyansh Handa, Advs.

                                                    versus

                                 UNION OF INDIA & ORS.                         ..... Respondents
                                              Through:           Mr.Vivekanand Mishra, Sr.
                                                                 Panel Counsel for UOI.

                                CORAM:
                                HON'BLE MR. JUSTICE MANMOHAN
                                HON'BLE MR. JUSTICE NAVIN CHAWLA

                          MANMOHAN, J. (Oral)

C.M.No. 46171/2021 (Exemption) Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) 14657/2021

1. Learned counsel for the petitioners states that the petitioners 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

Signature Not Verified Digitally Signed By:KRISHNA BHOJ

Signing Date:21.12.2021 19:37:41 26th April, 2019] and seek the same relief as claimed therein i.e. of pro rata pension.

2. Learned counsel for the petitioners, 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 petitioners to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions supra, to grant them 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 petitioners, for any reason, are 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 petitioners, not so found entitled, the reasons in writing thereof and in which event, the petitioners 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 petitioners within a week.

Signature Not Verified Digitally Signed By:KRISHNA BHOJ

Signing Date:21.12.2021 19:37:41

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

DECEMBER 20, 2021/rv

Signature Not Verified Digitally Signed By:KRISHNA BHOJ

Signing Date:21.12.2021 19:37:41