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HIGH COURT OF DELHI
1.
BIMAL KUMAR & ORS. .....Petitioners
Through: Ms. Pallavi Awasthi, Advocate
Through: Ms. Richa Dhawan, Senior Panel Counselfor UOI.
2.
JAFOR ALI MOLLAH .....Petitioner
Through: Mr. Manoj Kumar Gupta,Advocate
Through: Mr. Dilbag Singh, Senior CGC, for UOI.
Date of Decision: 13th May, 2021
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
1. CM APPL. 14745/2021 (Exemption) in W.P. (C) 4780/2021
2. CM APPL. 14771/2021 (Exemption) in W.P. (C) 4784/2021 Exemption allowed,subject to all just exceptions. Applicationsstand disposedof. 2021:DHC:1594-DB
1. W.P. (C) 4780/2021
2. W.P. (C) 4784/2021
1. These petitionshave been heardby way of video conferencing.
2. Learned counsel for the petitioners statethat the petitioners in these 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 26th April, 2019] andseeks the same relief as claimed therein i.e.of pro rata pension.
3. Learned counsel for the petitioners in these petitions,on enquiry,state that the requisite No Objection Certificate (NOC) had been given.
4. Learned counsel for the respondents fairly state that subject to the right to verification and theright of appeal to the Supreme Court against the judgment in Brijlal Kumar (supra) beingsaved, these petitions be disposed of.
5. Accordingly, these petitions are disposed of along with pending applications 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 andin futureto continue to pay pro rata pension to the petitioners. However,if on verification it is found that the petitioners,for any reason,are not entitledto pro rata pension for reasons other than those stated in the judgments in Govind Kumar Srivastava (supra) and Brijlal Kumar (supra) and other connectedpetitions suprabeing in personam, the respondents, within the said twelve weeks, shall communicateto the petitioners, not so found entitled, thereasonsin writing thereof and in which event,the petitioners shallbe entitled to take further remedies there against. Needlessto state that if any documentsare asked for by the respondents, thesame shall be furnishedby the petitioners within a week.
6. 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 thedate of payment.
7. The order be uploaded on the websiteforthwith.Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN,J ASHA MENON, J MAY 13, 2021 pkb