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HIGH COURT OF DELHI
18.
SURENDRA PAL SINGH .....Petitioner
Through: Ms. Pallavi Awasthi, Advocate
Through: Mr.Vikas Mahajan (CGSC) with Mr.Aakash Varma Adv.
20.
SUBHASH KISAN MESHRAM .....Petitioner
Through: Mr. Manoj Kumar, Advocate
AJAY KUMAR .....Petitioner
Through: Mr. Manoj Kumar, Advocate
Through: Mr.Sheshank Bajpai, Advocate for UOI.
2021:DHC:450-DB
THOMAS MARAMVELIL SARAMMA & ORS. .....Petitioners
30.
AMIT KUMAR CHOUDHARY & ORS. .....Petitioners
40.
MARUTI RATHOD .....Petitioner
Date of Decision: 8th February, 2021
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
22. CM APPL. 4385/2021 (Exemption) in W.P. (C) 1531/2021
28. CM APPL. 4532/2021 (Exemption) in W.P. (C) 1595/2021
30. CM APPL. 4587/2021 (Exemption) in W.P. (C) 1605/2021 Exemption allowed, subject to all just exceptions. Accordingly, the applications stand disposed of.
18. CM APPL. 4502/2021 (Early hearing) in W.P. (C) 9905/2019
20. CM APPL. 4534/2021 (Early hearing) in W.P. (C) 2024/2020 Keeping in view the averments made in the applications, the same are allowed and the petitions are taken up for hearing today. Accordingly, the applications stand disposed of. W.P. (C) 9905/2019 W.P. (C) 2024/2020 W.P. (C) 1531/2021 W.P. (C) 1595/2021 W.P. (C) 1605/2021
1. These petitions have been heard by way of video conferencing. W.P. (C) 1256/2020
2. Learned counsel for the petitioners state 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
3. Learned counsel for the petitioners, on enquiry, state that the requisite No Objection Certificates (NOCs) had been given. April, 2019] and seeks the same relief as claimed therein i.e. of pro rata pension.
4. Learned counsel for the respondents fairly state 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 petition be disposed of.
5. 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 him 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 petitioner. 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 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(s), not so found entitled, the reasons in writing thereof and in which event, the petitioner(s) 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(s) 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 the date of payment.
7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN, J ASHA MENON, J FEBRUARY 08, 2021 pkb