Bimal Kumar & Ors. vs Union Of India & Ors.
2021 Latest Caselaw 1449 Del

$~Suppl.-1 & 2
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
1.
+      W.P. (C) 4780/2021, CM APPL.14745/2021
       BIMAL KUMAR & ORS.                         .....Petitioners
                        Through: Ms. Pallavi Awasthi, Advocate

                     Versus
       UNION OF INDIA & ORS.                               .....Respondents

Through: Ms. Richa Dhawan, Senior Panel Counsel for UOI.

2.

+      W.P. (C) 4784/2021, CM APPL.14771/2021
       JAFOR ALI MOLLAH                          .....Petitioner

Through: Mr. Manoj Kumar Gupta, Advocate

Versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Dilbag Singh, Senior CGC, for UOI.

%                                          Date of Decision: 13th May, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
                                 J U D G ME N T

MANMOHAN, J (Oral):

1. CM APPL. 14745/2021 (Exemption) in W.P. (C) 4780/2021

2. CM APPL. 14771/2021 (Exemption) in W.P. (C) 4784/2021

Exemption allowed, subject to all just exceptions.

Applications stand disposed of.

1. W.P. (C) 4780/2021

2. W.P. (C) 4784/2021

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

2. Learned counsel for the petitioners state that the pet itioners in t hese 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 Pet ition (Civil) No. 8813/2019 has been dismissed on 26th April, 2019] and seeks the sam e relief as claimed therein i.e. of pro rata pension.

3. Learned counsel for the petitioners in these petitions, on enquiry, state that the requisite No Objection Certificate (NOC) had been given.

4. Learned counsel for the respondents fairly st ate t hat su bject t o t he right to verification and the right of appeal to the Supreme Court against t he judgment in Brijlal Kumar (supra) being saved, these petitions be disposed of.

5. Accordingly, these petitions are disposed of along with pending applications directing the respondents Indian Air Force t h at wit hin t welve 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 grant ed 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 rat a pension to the petitioners. However, if on verification it is fou n d t hat t he petitioners, for any reason, are not entitled to pro rat a pen sion 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 writ ing thereof and in which event, the petitioners shall be ent itled t o t ake fu rther remedies there against. Needless to state that if any documents are asked for by the respondents, the same shall be furnished by the pet itioners wit hin 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 t he 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 MAY 13, 2021 pkb