Delhi High Court
Yashwant Kumar Pathak vs Union Of India And Ors. on 22 January, 2021
$~Suppl.-29, 30, 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
29.
+ W.P. (C) 2358/2020
YASHWANT KUMAR PATHAK .....Petitioner
Through: Manoj Kumar Gupta, Advocate.
Versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr.Jaswinder Singh, Advocate.
30.
+ W.P. (C) 2457/2020
RUPI REDDY RAJI REDDY .....Petitioner
Through: Manoj Kumar Gupta, Advocate.
Versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Ripudaman Bhardwaj, CGSC
for Respondent UOI with Kushagra
Kumar, Advocate.
31
+ W.P. (C) 2871/2020
VINAY KUMAR .....Petitioner
Through: Manoj Kumar Gupta, Advocate.
Versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr.Jaswinder Singh, Advocate.
% Date of Decision: 22nd January, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
W.P.(C) 2358/2020, 2457/2020 & 2871/2020 Page 1 of 3
JUDGMENT
MANMOHAN, J (Oral):
C.M.No.2417/2021 in W.P.(C) No.2358/2020
C.M.No.2426/2021 in W.P.(C) No.2457/2020
C.M.No.2422/2021 in W.P.(C) No.2871/2020
Keeping in view the averments in the applications, early hearing is
allowed and with consent of parties, the matters are taken up for hearing
today.
Accordingly, the applications stand disposed of.
W.P.(C) No.2358/2020
W.P.(C) No.2457/2020
W.P.(C) No.2871/2020
1. The petitions have been heard by way of video conferencing.
2. Learned counsel for the petitioners states that the petitioners in these
petitions 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 26th April, 2019] and seek the same
relief as claimed therein i.e. of pro rata pension.
3. Learned counsel for the petitioners in these petitions, on enquiry,
states that the requisite No Objection Certificates (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 petitions be disposed of.
5. Accordingly, the petitions are 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
petitioners. 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.
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
