O. SUMESH BABU @SUMEYSH BABU KRISSHNAN & ORS.  Vs UNION OF INDIA & ORS.

W.P.(C) 223/2021 Page 1 of 3
$~Suppl. -18
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 223/2021

O. SUMESH BABU @SUMEYSH BABU KRISSHNAN & ORS.
….. Petitioner s
Through Ms.Pallavi Awasthi, Advocate.

versus

UNION OF INDIA & ORS. ….. Res pondent s
Through Ms.Aakanksha Kaul with Mr.Manek
Singh, Advocates.

% Date of Decision: 08th January, 2021
CORAM:
HON’BLE MR. JUSTICE MANMOHAN HON’BLE MS. JUSTICE ASHA MENON

J U D G M E N T

MANMOHAN , J (Oral) :
CM Appl. 588/2021 (exemption)
Allowed, subject to just exceptions.
2. Learned counsel for the petitioners state s that all the petitioners in this
petition claim to be similarly placed to the petitioners in Brijlal Kumar v.
Union of India and others conne cted petitions 2020 SCC OnLine Del 1477
and the petitioners in Govind Kumar Srivastava v. Union of India 2019 W.P.(C) 22 3/2021
1. The petition ha s been heard by way of video conferencing.
2021:DHC:73-DBW.P.(C) 223/2021 Page 2 of 3
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.
3. 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.
4. Learned counsels for the responden ts 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.
5. Accordingly , the petition is disposed of directing the respon dents
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 there of and in
which event, the petitioners shall be entitled to take further remedies there
against.
6. If the arrears of pro rata pensi on are not paid within twelve weeks, the
same shall also incur interest thereon @ 7% per annum from the expiry of
2021:DHC:73-DBW.P.(C) 223/2021 Page 3 of 3
twelve weeks till the date of payment.
7. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned c ounsel through e -mail.

MANMOHAN, J

ASHA MENON, J
JANUARY 0 8, 2021
KA

2021:DHC:73-DB