Atul Tiwari vs Union Of India & Ors.
2021 Latest Caselaw 194 Del

$~Suppl.-5
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P. (C) 572/2021, CM APPL.1481/2021
       ATUL TIWARI                                           .....Petitioner
                           Through:     Mr. Manoj Kr. Gupta, Advocate
                     Versus
       UNION OF INDIA & ORS.                                .....Respondents
                     Through:           Ms. Saroj Bidawat, SPC with Mr.
                                        Abhishek Khanna, Advocates for UOI
                                        and Mr. Sahil Sharma, Dy.
                                        Commandant, BSF.
%                                        Date of Decision: 19th January, 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 st ates t hat t he pet itioner in t his 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 Pet ition (Civil) No. 8813/2019 has been dismissed on 26th April, 2019] and seeks the sam e relief as claimed therein i.e. of pro rata pension.

3. Learned counsel for the petitioner in this petition, on en quiry, st ates that the requisite No Objection Certificate (NOC) had been given.

4. Learned counsel for the respondents fairly states t hat su bject t o t he right to verification and the right of appeal to the Supreme Court against t he

judgment in Brijlal Kumar (supra) being saved, the petition be disposed of.

5. Accordingly, the petition is 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 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 an y reason, is not entitled to pro rata pension for reasons other than those st ated in the judgments in Govind Kumar Srivastava (supra) an d 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 petitioner shall be entitled to take further remedies there against.

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 t he expiry of twelve weeks till the date of payment.

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

ASHA MENON, J JANUARY 19, 2021 ck