Rajesh Varma, Ex Cpl. 751468-R & ... vs Union Of India & Ors.
2021 Latest Caselaw 3105 Del

                          $~40
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                    Date of Decision: 16.11.2021
                          +      W.P.(C) 12854/2021 & CM APPL. 40475/2021
                                 RAJESH VARMA, EX CPL. 751468-R & ANR.
                                                                                  ..... Petitioners
                                              Through:            Ms.Pallavi Awasthi, Adv.
                                              versus
                                 UNION OF INDIA & ORS.                        ..... Respondents
                                              Through:            Mr.Gaurav Verma, Sr. Panel
                                                                  Counsel.
                                 CORAM:
                                 HON'BLE MR. JUSTICE MANMOHAN
                                 HON'BLE MR. JUSTICE NAVIN CHAWLA
                                 MANMOHAN, J. (Oral)

The petition has been heard by way of video conferencing.

1. Learned counsel for the petitioners states that the petitioners in this petition claims to be similarly placed to the petitioners in Brijlal Kumar v. Union of India and others 2020 SCC OnLine Del 1477 and the petitioner 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.

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 right to verification and right of appeal to the Supreme Court against the judgment in Brijlal Kumar (supra) being saved, the petition be disposed of.

Signature Not Verified Digitally Signed

Signing Date:17.11.2021 22:40:29

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, 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, 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 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.

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

NAVIN CHAWLA, J NOVEMBER 16, 2021/rv

Signature Not Verified Digitally Signed

Signing Date:17.11.2021 22:40:29