$~108
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 02.02.2022
+ W.P.(C) 1991/2022
RAJIB LOCHANA DHAR, EX CPL 778909-B ..... Petitioner
Through: Ms.Pallavi Awasthi &
Mr.Divyansh Handa, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Rishabh Sahu, Central Govt.
Sr. Counsel.
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.
CM APPL. 5729/2022 (Exemption)
Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of.
W.P.(C) 1991/2022
1. Learned counsel for the petitioner states that the petitioner in this petition claim to be similarly placed to the petitioners in Brijlal Kumar v. Union of India and others connected petitions 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
Signature Not Verified Digitally Signed W.P.(C) 1991/2022 Page 1 of 3 By:KRISHNA BHOJ Signing Date:03.02.2022 23:23:54 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 the right to verification and the right of appeal to the Supreme Court against the judgment in Brijlal Kumar (supra) being saved, the petition be disposed of.
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 supra, 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 supra 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.
Signature Not Verified Digitally Signed W.P.(C) 1991/2022 Page 2 of 3 By:KRISHNA BHOJ Signing Date:03.02.2022 23:23:54
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 FEBRUARY 2, 2022/rv
Signature Not Verified Digitally Signed W.P.(C) 1991/2022 Page 3 of 3 By:KRISHNA BHOJ Signing Date:03.02.2022 23:23:54
