Delhi High Court
Mahender Singh Negi, Ex Cpl ... vs Union Of India & Ors. on 21 January, 2022
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 21.01.2022
+ W.P.(C) 1265/2022
MAHENDER SINGH NEGI, EX CPL 799195-R
..... Petitioner
Through: Ms.Pallavi Awasthi &
Mr.Divyansh Handa, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Bhagwan Shukla, CGSC for
UOI with Mr.Sarvan Kumar,
Adv.
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. 3714/2022 (Exemption)
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) 1265/2022
1. Learned counsel for the petitioner states t hat t he pet itioner 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
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:23.01.2022
09:40:12
Special Leave Petition (Civil) No. 8813/2019 has been dismissed on
26th April, 2019] and seeks the same relief as claim ed t herein 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.
3. Learned counsel for the respondents fairly states that subject t o
the right to verification and the right of appeal to th e Su preme Cou rt
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 rat a pen sion 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 t o pro rat a
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 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
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:23.01.2022
09:40:12
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.
MANMOHAN, J
NAVIN CHAWLA, J
JANUARY 21, 2022/rv
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:23.01.2022
09:40:12
