Delhi High Court
Smt. M. Meena vs Union Of India & Ors. on 12 October, 2021
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 12.10.2021
+ W.P.(C) 11713/2021 & CM 36204/2021
SMT. M. MEENA ..... Petitioner
Through Ms.Pallavi Awasthi, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Rajniesh Kumar Gaind, Sr.P.C.,
UOI with Mr.Piyush Gaur, GP.
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 petitioner states that the petitioner
herein is the widow of ex-serviceman an d claims t hat h er deceased
husband is similarly placed to the petitioner in Brijlal Kumar v. Union
of India and others connected petitions 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 26.04.2019.
2. Learned counsel for the petitioner, on en quiry, st ates t hat t he
requisite No Objection Certificates (NOC) had been given to the
husband of the petitioner to join the State Bank of India and seeks t h e
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:13.10.2021
21:21:02
same relief as claimed therein i.e. of pro rata pension and family
pension after the death of her husband.
3. Learned counsel for the respondents fairly state that su bject t o
the right to verification and the right of appeal to th e Su preme Cou rt
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 h erefrom, if
they find the deceased husband of the petitioner to be similarly placed
as the petitioner in Govind Kumar Srivastava (supra) and Brijlal
Kumar (supra) and other connected petitions supra, to grant her
Prorata pension as granted in those petitions i.e. by payment of arrears
of pro rata pension from the date of discharge till the date of deat h of
her husband i.e. 03.04.2020 and thereafter family pension of pro-rat a
pension and in future to continue to pay family pension to the
petitioner. However, if on verification it is found t hat 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) an d
Brijlal Kumar (supra) and other connected pet itions supra 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.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:13.10.2021
21:21:02
5. 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.
6. 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 12, 2021
RN
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:13.10.2021
21:21:02
