Ex Cpl Lalit Kumar vs Union Of India And Ors
2021 Latest Caselaw 35 Del

$~Suppl.-12 & 17
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 89/2021 & CM APPL.274/2021
       EX CPL LALIT KUMAR                                   ..... Petitioner
                     Through:           Mr. Baljeet Singh, Advocate with
                                        Ms. Deepika Sheoran, Advocate.
                             versus

       UNION OF INDIA AND ORS.                  ..... Respondents
                     Through: Ms. Ruchir Mishra, Advocate with
                               Mr. Mukesh Kumar Tiwari,
                               Advocates for UOI.

+      W.P.(C) 114/2021 & CM APPL.342 /2021
       EX CPL SUBHASH CHANDER                    ..... Petitioner
                    Through: Mr. Baljeet Singh, Advocate with
                             Ms. Deepika Sheoran, Advocate.

                             versus

       UNION OF INDIA AND ORS.                  ..... Respondents
                     Through: Ms. Ruchir Mishra, Advocate with
                               Mr. Mukesh Kumar Tiwari,
                               Advocates for UOI.
                               Ms. Nidhi Raman, CGSC with
                               Mr. Uddhav Khanna and Mr.
                               Manpreet Kaur Bhasin, Advocates for
                               R-1-5.

%                                Date of Decision: 06th January, 2021

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




W.P.(C) 89/2021 & 114/2021                           Page 1 of 3
                              JUDGMENT

MANMOHAN, J (Oral):

1. The petitions have been heard by way of video conferencing.

2. Learned counsel for the petitioner/s states that all 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 petitioner/s in all these petitions, on enquiry, states that the requisite No Objection Certificates (NOCs) have been filed along with the petitions.

4. Learned counsels for the respondents fairly state that subject to the right to verification and the right to 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 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 12 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 06, 2021 KA