Suresh Kumar vs Union Of India & Ors.
2021 Latest Caselaw 365 Del

$~Suppl.-41
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P. (C) 1386/2021, CM APPL. 3916/2021
       SURESH KUMAR                                       .....Petitioner
                   Through:              Mr. D.K., Advocate.
                           Versus
       UNION OF INDIA & ORS.                                .....Respondents
                     Through:            None

                     %                   Date of Decision: 03rd February, 2021

CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
                             JUDGMENT

MANMOHAN, J (Oral):

1. The petition has been heard by way of video conferencing.

2. Learned counsel for the petitioner states that all 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 petitioner 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.

3. Learned counsel for the petitioners in this petition, on enquiry, states that the requisite No Objection Certificates (NOCs) have been given.

4. Accordingly, the petition and application are 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 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 or any of them, 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 petitioner, not so found entitled, the reasons in writing thereof and in which event, the petitioners shall be entitled to take further remedies there against.

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.

6. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J

ASHA MENON, J FEBRUARY 03, 2021 AS