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HIGH COURT OF DELHI
Date of Decision: 21.01.2022
MAHENDER SINGH NEGI, EX CPL 799195-R..... Petitioner
Through: Ms.Pallavi Awasthi & Mr.Divyansh Handa,Advs.
Through: Mr.Bhagwan Shukla,CGSC for UOI with Mr.Sarvan Kumar, Adv.
HON'BLE MR. JUSTICE NAVIN CHAWLA MANMOHAN,J. (Oral)
The petition has been heardby way of video conferencing.
Exemption allowed,subject to all just exceptions.
Accordingly, the application stands disposedof.
JUDGMENT
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 2022:DHC:264-DB 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 the right to verification andthe 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 twelveweeks herefrom, if they find the petitioner to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connectedpetitions 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 dischargetill the dateof 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 otherthan those statedin the judgmentsin 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 shallbe 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 JANUARY 21, 2022