Raj Kumar Pvk vs Union Of India & Ors

Manmohan, J

CM APPL. 6894/2021 (Exemption) in W.P. (C) 2358/2021

Exemption allowed, subject to all just exceptions.

W.P. (C) 2358/2021

The petition has been heard by way of video conferencing.

Learned counsel for the petitioners state that the petitioner in this petition claims 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 26thApril, 2019] and seeks the same relief as

claimed therein i.e. of pro rata pension.

Learned counsel for the petitioner, on enquiry, state that the requisite No Objection Certificates (NOCs) 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, the petition be disposed of.

Accordingly, the petition and application are disposed of directing the respondents Indian Air Force that within twelve weeks herefrom, if they find

the petitioner 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 petitioner, 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, not so found

entitled, the reasons in writing thereof and in which event, the petitioner 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 within 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 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.