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Judgment
23 paragraphs · 402 wordsManmohan, J
CM Appl. 1476/2021 (exemption)
Allowed, subject to just exceptions.
W.P.(C) 567/2021
The petition has been heard by way of video conferencing.
Learned counsel for the petitioners states that all the petitioners in this petition claim to be similarly placed to the petitioners in Brijlal Kumar v.
Union of India and others connected petitions 2020 SCC OnLine Del 147 7and 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 seek the same
relief as claimed therein i.e. of pro rata pension.
Learned counsel for the petitioners in this petition, on enquiry, states that the requisite No Objection Certificates (NOCs) have been filed along with
the petition.
Learned counsels 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.
Accordingly, the petition is 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 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 and in
future to continue to pay pro rata pension to the petitioners. However, if on verification it is found that the petitioners or any of them, 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 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.
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.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.