Delhi High Court
Mr Hans Ram Chandawat vs Union Of India & Ors. on 17 September, 2021
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17.09.2021
+ W.P.(C) 10397/2021 & CM APPL. 31993-94/2021
MR HANS RAM CHANDAWAT ..... Petitioner
Through: Ms. Vijay Lakshmi, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Tanveer Ahmed Ansari, Sr.
Panel Counsel for UOI with
Mr.Syed Husain Adil Taqvi,
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 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 26 th 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.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT W.P.(C) 10397/2021
Signing Date:19.09.2021
23:01:31
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.
4. Accordingly, the petition and applications 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
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 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 documents are asked for by the
respondents, the same shall be furnished by t h e pet itioner 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.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT W.P.(C) 10397/2021
Signing Date:19.09.2021
23:01:31
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
SEPTEMBER 17, 2021/rv
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT W.P.(C) 10397/2021
Signing Date:19.09.2021
23:01:31
