Bimal Kumar & Ors vs Union Of India & Ors.

Manmohan, J

CM APPL. 14745/2021 (Exemption) in W.P. (C) 4780/2021

CM APPL. 14771/2021 (Exemption) in W.P. (C) 4784/2021

Exemption allowed, subject to all just exceptions.

Applications stand disposed of.

W.P. (C) 4780/2021

W.P. (C) 4784/2021

These petitions have been heard by way of video conferencing.

Learned counsel for the petitioners state that 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] and seeks the same relief

as claimed therein i.e. of pro rata pension.

Learned counsel for the petitioners in these petitions, on enquiry, state that the requisite No Objection Certificate (NOC) had been given.

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, these petitions be disposed of.

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 prorata pension from the date of

discharge till the date of payment and in future to continue to pay prorat a pension to the petitioners. However, if on verification it is found that the

petitioners, for any reason, are not entitled to prorat a 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 petitioners, not so found entitled, the reasons in writing thereof and in which event, the petitioners 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 pet itioners wit hin a week.

If the arrears of pro rata pension are not paid within twelve weeks, the same shall also incur interest thereon @ 7% per annum from t he expiry of

twelve weeks till the date of payment.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.