Navin Kumar Sharma vs Union Of India & Ors.
2021 Latest Caselaw 2406 Del

                              $~34
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                        Date of Decision: 03.09.2021

                              +     W.P.(C) 9499/2021 & CM 29461/2021
                                    NAVIN KUMAR SHARMA                   ..... Petitioner
                                                    Through    Mr.Banvendra Singh, Adv.

                                                        Versus

                                     UNION OF INDIA & ORS.                     ..... Respondents
                                                  Through:           Ms.Anju Gupta, Adv. for UOI.
                                    CORAM:
                                    HON'BLE MR. JUSTICE MANMOHAN
                                    HON'BLE MR. JUSTICE NAVIN CHAWLA
                              MANMOHAN, J. (Oral)

1. Learned counsel for the petitioner states t hat t he pet itioner in this petition claims to be similarly placed to the pet itioner 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 seeks the same relief as claimed therein i.e. of pro rata pension.

2. Learned counsel for the petitioner, on en quiry, st ates t hat t he requisite No Objection Certificates (NOCs) had been given.

3. 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.

Signature Not Verified


Digitally Signed By:JASWANT
SINGH RAWAT                   W.P.(C) 9499/2021
Signing Date:05.09.2021
00:19:05

4. Accordingly, the petition and the application stand disposed of directing the respondents Indian Air Force that within t welve weeks herefrom, if they find the petitioner to be similarly placed as the petitioner in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions to grant him t he sam e relief as granted in those petitions i.e. by payment of arrears of pro rata pension from the date of discharge till the dat e of paym ent an d in fu ture t o continue to pay pro rata pension to the petitioner. However, if on verification it is found that the petitioner, 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 (su pra) an d other connected petitions being in personam, the respondents, wit hin the said twelve weeks, shall communicate to the petitioner, not so found entitled, the reasons in writing thereof and in wh ich even t, t he petitioner shall be entitled to take further remedies there against. Needless to state that if any document is asked for by the respondents, the same shall be furnished by the petitioner within a week.

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.

MANMOHAN, J

NAVIN CHAWLA, J SEPTEMBER 3, 2021/RN

Signature Not Verified

Digitally Signed By:JASWANT SINGH RAWAT W.P.(C) 9499/2021 Signing Date:05.09.2021 00:19:05