Delhi High Court
Manoj Kumar, Ex Cpl 784607 -S & Ors. vs Union Of India & Ors. on 23 November, 2021
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13131/2021
MANOJ KUMAR, EX CPL 784607 -S & ORS. ..... Petitioners
Through: Ms. Pallavi Awasthi, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, Advocate.
% Date of Decision: 23rd November, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
CM Appl. 41417/2021 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, present application stands disposed of.
W.P.(C) 13131/2021
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
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 seek the same
relief as claimed therein i.e. of pro rata pension.
2. Learned counsel for the petitioners, on enquiry, state that the requisite
No Objection Certificates (NOCs) had been given.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:25.11.2021
18:18:44
3. 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.
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
petitioner. 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
petitioner(s), not so found entitled, the reasons in writing thereof and in
which event, the petitioner(s) 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(s) 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 23, 2021/js
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:25.11.2021
18:18:44
