M. Meena v. Union of India & Ors.

1. Learned counsel for the petitioner states that the petitioner herein is the widow of ex-serviceman and claims that her deceased husbandis similarly placed to the petitioner in Brijlal Kumar v. Union of India and others connected petitions 2020 SCC OnLine Del 1477 and the petitioner 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 dismissedon 26.04.2019.

2. Learned counsel for the petitioner,on enquiry, states that the requisite No Objection Certificates (NOC) had been given to the husbandof the petitionerto join the State Bankof India and seeks the 2021:DHC:3281-DB same relief as claimed therein i.e. of pro rata pension and family pension after the death of her husband.

3. Learned counsel for the respondents fairly statethat subject to the right to verification andthe right of appeal to the Supreme Court against thejudgment in Brijlal Kumar (supra) being saved, thepetition be disposed of.

4. Accordingly, the petition is disposed of directing the respondents Indian Air Force that within twelve weeks herefrom, if they find thedeceased husband of thepetitioner to be similarlyplaced as the petitioner in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connected petitions supra, to grant her Prorata pension as granted in thosepetitions i.e. by paymentof arrears of pro rata pension from the dateof discharge till thedate of death of her husband i.e. 03.04.2020 and thereafter family pension of pro-rata pension and in future to continue to pay family 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) andother connected petitions supra being in personam, the respondents, within the said twelve weeks, shall communicateto the petitioner, not so found entitled, the reasons in writing thereofand 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.

6. The order be uploaded on the website forthwith. Copy of the order be also forwarded to thelearnedcounsel through e-mail. MANMOHAN,J NAVIN CHAWLA, J OCTOBER 12, 2021 RN