Delhi High Court
Laxmi Narayan Jilowa, Ex Sgt ... vs Union Of India & Ors. on 3 February, 2022
$~56 & 59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 03.02.2022
+ W.P.(C) 2048/2022
LAXMI NARAYAN JILOWA, EX SGT 673133-F
..... Petitioner
Through: Ms.Pallavi Awasthi &
Mr.Divyansh Handa, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms.Archana Gaur &
Ms.Ridhima Gaur, Advs. for
UOI.
+ W.P.(C) 2052/2022
ANOOP KUMAR CHATURVEDI, EX CPL 776112-T
..... Petitioner
Through: Ms.Pallavi Awasthi &
Mr.Divyansh Handa, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Bhagvan Swarup Shukla,
CGSC for UOI with Mr.Jamal
Deep & Mr.Sarvan Kumar,
Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
The petitions have been heard by way of video conferencing.
CM APPL. 5893/2022 (Exemption) in W.P.(C) 2048/2022
CM APPL. 5898/2022 (Exemption) in W.P.(C) 2052/2022
Exemption allowed, subject to all just exceptions.
Accordingly, the applications stand disposed of.
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:04.02.2022
22:00:50
W.P.(C) 2048/2022
W.P.(C) 2052/2022
1. Learned counsel for the petitioners states that the petitioners in
these petitions 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
26th April, 2019] and seek the same relief as claimed therein i.e. of pro
rata pension.
2. Learned counsel for the petitioners, 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
petitions be disposed of.
4. Accordingly, the petitions are disposed of directing the
respondents - Indian Air Force that within twelve weeks herefrom, if
they find the petitioners to be similarly placed as the petitioners in
Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and
other connected petitions supra, to grant them 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 petitioners. However, if on
verification it is found that the petitioners, for any reason, are not
entitled to pro rata pension for reasons other than those stated in the
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:04.02.2022
22:00:50
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
petitioners, not so found entitled, the reasons in writing thereof and in
which event, the petitioners 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 petitioners 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
FEBRUARY 3, 2022/rv
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:04.02.2022
22:00:50
