Allowed

Manoj Kumar, Ex Cpl 784607 -S & Ors. v. Union of India & Ors.

Delhi HC23 Nov 2021W.P.(C)/13131/2021

Case brief

AI extract

What is this about?

The Court allowed the petition for pro rata pension for similarly placed ex-servicemen. The respondents were directed to consider the petitioners' entitlement within twelve weeks, paying arrears with 7% interest if qualified, or communicate reasons for denial if not.

What did the court decide?

Pro rata pension to be granted with 7% interest on arrears within twelve weeks, subject to verification of eligibility.

Manoj Kumar, Ex Cpl 784607 -S & Ors. Vs Union… — Pension and Retirement Benefits | Delhi HC (2021)

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$~33

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 13131/2021

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MANOJ KUMAR, EX CPL 784607 -S & ORS. ..... Petitioners Through: Ms. Pallavi Awasthi, Advocate.

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versus

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UNION OF INDIA & ORS. ..... Respondents Through: Mr. Anurag Ahluwalia, Advocate.

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% Date of Decision: 23^rd November, 2021

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CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE NAVIN CHAWLA

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MANMOHAN, J. (Oral)

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CM Appl. 41417/2021 (for exemption)

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Allowed, subject to all just exceptions.

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Accordingly, present application stands disposed of.

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W.P.(C) 13131/2021

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Learned counsel for the petitioners states 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 26^th April, 2019] and seek the same relief as claimed therein i.e. of pro rata pension.

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Learned counsel for the petitioners, on enquiry, state that the requisite No Objection Certificates (NOCs) had been given.

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Signature Not Verified

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Digitally Signed By:JASWANT SINGH RAWAT Signing Date:25.11.2021 18:18:44

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Page 1 of 2

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W.P.(C) 13131/2021

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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. 4. 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 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. 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 the date of payment.

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MANMOHAN, J

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NAVIN CHAWLA, J

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NOVEMBER 23, 2021/ js

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Signature Not Verified

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Digitally Signed By:JASWANT SINGH RAWAT Signing Date:25.11.2021 18:18:44

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Page 2 of 2

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W.P.(C) 13131/2021

Manoj Kumar, Ex Cpl 784607 -S & Ors. v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Manoj Kumar, Ex Cpl 784607 -S & Ors. v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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