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HIGH COURT OF DELHI
W.P. (C) 1099/2021, CM APPL. 3060/2021
SANTOSH KUMAR PAL (EX SGT 762571-H) .....Petitioner
Through: Ms. Pallavi Awasthi, Advocate.
Through: Ms. Prerna Chopra,Proxy Counsel for Ms. Nidhi Raman,Advocate
YASHPAL SINGH & ORS. .....Petitioners
Through: Ms. Pallavi Awasthi, Advocate.
Through: Ms. Prerna Chopra,Proxy Counsel for Ms. Nidhi Raman,Advocate
Date of Decision: 29th January, 2021
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
1. Learned counsel for the petitioners states that the petitioners in this 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 KumarSrivastava 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] and seek the same relief as claimed therein i.e. of pro rata pension. 2021:DHC:344-DB W.P. (C) 1099/2021&1151/2021
2. Learned counsel for the petitioners, on enquiry, states that the requisite No Objection Certificated(NOC) had been given.
3. Learned counsel for the respondents fairly states that subject to the right to verification and theright of appeal to the Supreme Court against the judgment in Brijlal Kumar (supra) beingsaved, the petitions be disposed of.
4. Accordingly, the petitions and applications are disposed of directing the respondentsIndian Air Force that within twelve weeks herefrom,if they find the petitioners to be similarly placed as the petitioners in Govind Kumar Srivastava (supra) andBrijlal Kumar (supra)and other connected petitions supra,to grant them thesame relief as granted in those petitions i.e. by payment of arrears of pro rata pension from thedate of discharge till the date of payment andin future to continue to pay pro rata pension to the petitioners. 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 otherconnected petitionssupra being in personam, the respondents, within the said twelve weeks, shall communicate to the petitioners,not so found entitled,the reasons in writing thereof andin which event,the petitioners shall be entitledto take further remediesthere against.
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 thedate of payment. MANMOHAN,J ASHA MENON, J JANUARY 29, 2021