Delhi High Court
Lakshmi Narayan Sahu vs Union Of India And Ors on 23 September, 2021
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 23.09.2021
+ W.P.(C) 7454/2021
LAKSHMI NARAYAN SAHU ..... Petitioner
Through: Mr. Harsh Dhankhar, Adv.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr.Dev P Bhardwaj, CGSC
with Ms.Anubha Bhardwaj,
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 that the petitioner in
this petition claims to be similarly placed to the petitioners in Brijlal
Kumar v. Union of India and others 2020 SCC OnLine Del 1477 and
the petitioners 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 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 petition be
disposed of.
Signature Not Verified
Digitally Signed
Signing Date:25.09.2021
17:45:04
4. 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 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 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 documents are 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 thereon @ 7% per annum
from the expiry of twelve weeks till the date of payment.
MANMOHAN, J
NAVIN CHAWLA, J
SEPTEMBER 23, 2021/rv
Signature Not Verified
Digitally Signed
Signing Date:25.09.2021
17:45:04
