Yatish Kumar vs Union Of India & Ors.
2021 Latest Caselaw 2448 Del

                          $~S-42
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 9829/2021 & CM APPL. 30300/2021
                                YATISH KUMAR                                            ..... Petitioner
                                                    Through:      Mr. Manoj Kumar, Advocate.

                                                    versus

                                UNION OF INDIA & ORS.                              ..... Respondents

                                              Through:            Mr. Aman Malik, Advocate.

                          %                                    Date of Decision:08th September, 2021
                          CORAM:
                          HON'BLE MR. JUSTICE MANMOHAN
                          HON'BLE MR. JUSTICE NAVIN CHAWLA
                                                     J U D G ME N T

                          MANMOHAN, J: (Oral)

1. The petition has been heard by way of video conferencing.

2. Learned counsel for the petitioner state that the petitioner in this petition claims to be 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 26th April, 2019] and seek the same relief as claimed therein i.e. of pro rata pension.

3. Learned counsel for the petitioner, on enquiry, states that the requisite No Objection Certificates (NOCs) had been given.

4. Learned counsel for the respondents fairly states t hat su bject t o t he

Signature Not Verified Digitally Signed

Signing Date:09.09.2021 19:12:23 right to verification and the right of appeal to the Supreme Court against t he judgment in Brijlal Kumar (supra) being saved, the petition be disposed of.

5. Accordingly, the petition along with pending application is disposed of directing the respondents that within twelve weeks herefrom, if they fin d the petitioner to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions, to 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 the petitioner, for any reason, is not entitled to pro rata pension for reasons other than those stated in t he ju dgments 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, the reasons in writing thereof and in which event, the petitioner 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 within a week.

6. If the arrears of pro rata pension are not paid within twelve weeks, the same shall also incur interest thereon @ 7% per annum from t he expiry of twelve weeks till the date of payment.

7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail MANMOHAN, J

Signature Not Verified Digitally Signed

Signing Date:09.09.2021 19:12:23 NAVIN CHAWLA, J SEPTEMBER 8, 2021/TS

Signature Not Verified Digitally Signed

Signing Date:09.09.2021 19:12:23