Delhi High Court
Raghav Kumar Sharma & Ors. vs Union Of India & Ors. on 18 March, 2021
26
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3543/2021
RAGHAV KUMAR SHARMA & ORS. ..... Petitioners
Through: Mr. Vaibhav Kumar, Advocate for
Ms. Pallavi Awasthi, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Dev P. Bhardwaj, Advocate with
Ms. Anujbha Bhardwaj, Advocate for
UOI.
% Date of Decision: 18th March, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J (Oral):
CM APPL. 10723/2021 (for exemption)
Allowed, subject to just exceptions.
Accordingly, present application stands disposed of.
W.P.(C) 3543/2021
1. 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
Signature Not Verified
By:MANJEET KAUR
Signing Date:20.03.2021
16:48:54
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.
2. Learned counsel for the petitioners, on enquiry, states that the
requisite No Objection Certificates (NOCs) had been given.
3. 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.
4. Accordingly, the petition is 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
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.
Needless to state that if any documents are asked for by the respondents, the
same shall be furnished by the petitioners within a week.
Signature Not Verified
By:MANJEET KAUR
Signing Date:20.03.2021
16:48:54
5. 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.
MANMOHAN, J
ASHA MENON, J
MARCH 18, 2021
js
Signature Not Verified
By:MANJEET KAUR
Signing Date:20.03.2021
16:48:54
