Delhi High Court
Adesh Kumar Singh, Ex Sgt 761904-R vs Union Of India & Ors. on 24 March, 2021
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 3919/2021 & C.M.No.11787/2021
ADESH KUMAR SINGH, EX SGT 761904-R .....Petitioner
Through: Ms. Pallavi Awasthi, Advocate.
Versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr.Bhagvan Swarup Shukla, CGSC
with Mr.Shoubendu Mukherji and
Mr.Sarvan Kumar, Advocates for
UOI.
% Date of Decision: 24th March, 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 the
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 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, on enquiry, stated that the requisite
No Objection Certificates (NOCs) had been given.
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:26.03.2021
16:12:38
4. Learned counsel for the respondents fairly state 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 and application 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 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.
Needless to state that if any documents are asked for by the respondents, the
same shall be furnished by the petitioner within a week.
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. Learned counsel for petitioner assures and undertakes to this Court
that in the event the present order is complied with, she shall withdraw the
O.A. No.1465/2017 filed by the petitioner before the Armed Forces
Tribunal. The statement made by the learned counsel for petitioner is
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:26.03.2021
16:12:38
accepted by this Court and petitioner is held bound by the same.
8. 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
MARCH 24, 2021
KA
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:26.03.2021
16:12:38
