Delhi High Court
Nemai Chand Ghosh vs Union Of India Ministry Of Defence ... on 13 September, 2021
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 13.09.2021
+ W.P.(C) 4976/2021
NEMAI CHAND GHOSE ..... Petitioner
Through Mr.Akshat Bajpai, Adv.
Versus
UNION OF INDIA MINISTRY OF DEFENCE THR. ITS
SECRETARY & ANR. ..... Respondents
Through: Mr.Sanjeev Sabharwal,
Sr.Govt. counsel.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. This petition has been filed by the petitioner praying for a
direction to the respondent no.2 for payment of the pro-rata pension
from the date of the termination of the petitioner's service in the
Indian Air Force.
2. The representation of the petitioner seeking grant of pro-rata
pension has been rejected by the respondent no.2 vide communication
dated 26th February, 2021, observing as under:
"2. The contents of your ibid
representation have been examined. In
this context, it is informed that there is
no provision for grant of Pro-Rata
Pension to an airman in the Pension
Regulations for the Air Force, 1961.
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Digitally Signed
Signing Date:14.09.2021
21:43:56
3. As per Regulation 121, Pension
Regulations for Air Force 1961,
minimum Regular qualifying service to
earn Service Pension is 15 years and
you had rendered 11 years AND 133
days of qualifying service. By virtue of
your length of service, you were eligible
for Service Gratuity and Death-Cum-
Retirement-Gratuity (DCRG) in terms
of Pension Regulation 127, which had
already been paid to you at the time of
discharge.
4. With regard to Grant of Pro-Rata
Pension on the analogy of Court Orders
passed by the Hon'ble High Court of
Delhi it is clarified that the Court
Verdict given by the Hon'ble Court is
only in favour of the individual
concerned. Hence, your interpretation
and demand for grant of Pro-Rata
Pension on the basis of various Court
Orders incorrect and unsubstantiated as
Court Verdicts are specific in nature
and relief so granted cannot be
considered as precedence for other
cases.
5. In view of the above, grant of any
kind of pension to those airmen, who do
not fulfil the eligibility conditions, will
virtually defeat the sanctity of statutory
provisions issued by Govt. of India on
the subject."
3. Learned counsel for the petitioner states that the petitioner in
this petition claims to be similarly placed to the petitioners in Brijlal
Kumar and others v. Union of India and others 2020 SCC OnLine
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21:43:56
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.
4. Learned counsel for the petitioner, on enquiry, states that the
requisite No Objection Certificates (NOCs) had been given.
5. 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 petition be
disposed of.
6. Accordingly, the petition is disposed of directing the
respondents Indian Air Force that within twelve 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 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 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 (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 document is asked for by the respondents,
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the same shall be furnished by the petitioner within a week.
7. 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
SEPTEMBER 13, 2021/RN
Signature Not Verified
Digitally Signed
Signing Date:14.09.2021
21:43:56
