Delhi High Court
Santosh Kumar Bharati vs Union Of India & Ors. on 11 October, 2021
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 11.10.2021
+ W.P.(C) 11625/2021 & C.M.No.35931/2021
SANTOSH KUMAR BHARATI ..... Petitioner
Through Mr.Manoj Kumar Gupta,
Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Bhagvan Swarup Shukla,
CGSC with Mr.Sarvan Kumar
for UOI.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. The petition has been heard by way of video conferencing.
2. Learned counsel for the petitioner states t hat t he pet itioner 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 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 26 th April, 2019] and
seeks the same relief as claimed therein i.e. of pro rata pension.
3. Learned counsel for the petitioner, on en quiry, st ates t hat t he
requisite No Objection Certificates (NOCs) had been given.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:13.10.2021
4. Learned counsel for the respondents fairly states that subject t o
right to verification and right of appeal to the Supreme Cou rt against
the judgment in Brijlal Kumar (supra) being saved, t he pet ition be
disposed of.
5. Accordingly, the present petition along with pending
application is disposed of directing the respondents-Indian Air Force
that within twelve weeks herefrom, if th ey fin d t he pet itioner t o be
similarly placed as the petitioners in Govind Kumar Srivastava
(supra) and Brijlal Kumar (supra) and other con nected pet itions, t o
grant him the same relief as granted in those petitions i.e. by paym ent
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 t he pet itioner,
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 being in
personam, the respondents, within the said twelve weeks, shall
communicate to the petitioner, not so found entitled, t he reasons in
writing thereof and in which event, the petitioner shall be en titled t o
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 t hereon @ 7% per an n um
from the expiry of twelve weeks till the date of payment.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:13.10.2021
7. The order be uploaded on the website fort hwith. Copy of t h e
order be also forwarded to the learned counsel through e-mail.
MANMOHAN, J
NAVIN CHAWLA, J
OCTOBER, 11, 2021
KA
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:13.10.2021
