Delhi High Court
Ex Cpl R Dusmant Keshari Patra vs Union Of India & Ors. on 22 January, 2021
$~Suppl.- 42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
.
+ W.P. (C) 908/2021, CM APPL.2444/2021
EX CPL R DUSMANT KESHARI PATRA .....Petitioner
Through: Ms.Pallavi Awasthi, Advocate.
Versus
UNION OF INDIA & ORS. .....Respondents
Through: Ms.Nidhi Raman, standing counsel
for R-1 to 5.
% Date of Decision: 22nd 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 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 26th April, 2019] and seeks the same
relief as claimed therein i.e. of pro rata pension.
3. Learned counsel for the petitioner in this petition, on enquiry, states
that the requisite No Objection Certificate (NOC) 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 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 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
(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 the 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 22, 2021
KA
