Delhi High Court
Dhurendra Raghav, Ex Cpl 769090-N vs Union Of India & Ors. on 3 March, 2021
$~Suppl.-2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 2649/2021, CM APPL. 7853/2021
DHURENDRA RAGHAV, EX CPL 769090-N .....Petitioner
Through: Ms.Pallavi Awasthi, Advocate.
Versus
UNION OF INDIA & ORS. .....Respondents
Through: Ms.Amrita Prakash, CGSC.
% Date of Decision: 03th March, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
1. The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioner states that the petitioner in the present
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, on enquiry, states that the requisite No
Objection Certificates (NOCs) 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 present writ petition along with pending application 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. 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. 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 03, 2021/KA
