Delhi High Court
Vishwanath C Bahaddur vs Union Of India And Ors on 25 October, 2021
$~36 & 50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 25.10.2021
+ W.P.(C) 11922/2021 & C.M.No.36910/2021
VISHWANATH C BAHADDUR ..... Petitioner
Through Mr.Ved Prakash, Advocate.
versus
UNION OF INDIA AND ORS ..... Respondents
Through Mr.Niraj Kumar, Sr.Central
Govt. Counsel and Mr.Vikrant
N.Goyal, Advocate.
+ W.P.(C) 11959/2021 & C.M.No.36977/2021
RAVIKANTH REDDY KARRI ..... Petitioner
Through Mr.Ved Prakash, Advocate.
versus
UNION OF INDIA AND ORS ..... Respondents
Through Mr.Niraj Kumar, Sr.Central
Govt. Counsel and Mr.Vikrant
N.Goyal, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
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 2020 SCC OnLine Del 1477 and
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Signing Date:27.10.2021
21:03:28
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 petitions be
disposed of.
4. Accordingly, the present petitions along with pending
applications are disposed of directing the respondents-Indian Navy
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
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Digitally Signed
Signing Date:27.10.2021
21:03:28
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
OCTOBER 25, 2021
KA
Signature Not Verified
Digitally Signed
Signing Date:27.10.2021
21:03:28
