VINAY KUMAR  Vs UNION OF INDIA AND ORS.

W.P.(C) 2358/2020, 2457/2020 & 2871/2020 Page 1 of 3
$~Suppl. -29, 30, 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
29.
+ W.P. (C) 2358/2020
YASHWANT KUMAR PATHAK …..Petitioner
Through: Manoj Kumar Gupta, Advocate.

Versus

UNION OF INDIA AND ORS. …..Respondents
Through: Mr.Jaswinder Singh, Advocate.
30.
+ W.P. (C ) 2457/2020
RUPI REDDY RAJI REDDY …..Petitioner
Through: Manoj Kumar Gupta, Advocate.
Versus

UNION OF INDIA AND ORS. …..Respondents
Through: Mr. Ripudaman Bhardwaj, CGSC
for Respondent UOI with Kushagra
Kumar, Advocate.
31
+ W.P. (C) 2871/2020
VINAY KUMAR …..Petitioner
Through: Manoj Kumar Gupta, Advocate .
Versus
UNION OF INDIA AND ORS. …..Respondents
Through: Mr.Jaswinder Singh, Advocate.

% Date of Decision: 22
nd
HON’BLE MS. JUSTICE ASHA MENON January, 2021
CORAM:
HON’BLE MR. JUSTICE MANMOHAN
2021:DHC:248-DBW.P.(C) 2358/2020, 2457/2020 & 2871/2020 Page 2 of 3
J U D G M E N T

MANMOHAN , J (Oral) :
C.M.No.2417/2021 in W.P.(C) No.2358/2020
C.M.No.24 26/2021 in W.P.(C) No.2 457/2020
C.M.No.24 22/2021 in W.P.(C) No.2 871/2020

Keeping in view the averments in the applications, early hearing is
allowed and with consent of parties, the matters are taken up for hearing
today .
Accordingly, the applications stand disposed of.
W.P.(C) No.2358/2020
W.P.(C) No.2 457/2020
1. The petitions have been heard by way of video co nferencing. W.P.(C) No.2 871/2020

2. Learned counsel for the petitioner s states that the petitioner s in these
petition s 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 seek the same
relief as claimed therein i.e. of pro rata pension.
3. Learned couns el for the petitioner s in these petitions , on enquiry,
states that the requisite No Objection Certificate s (NOC) had been given .
4. Learned counsel for the respondents fairly states that subject to the
right to verification and the right of appeal to the Supr eme Court against the
judgment in Brijlal Kumar (supra) being saved, the petitions be disposed of.
2021:DHC:248-DBW.P.(C) 2358/2020, 2457/2020 & 2871/2020 Page 3 of 3
5. Accordingly, the petition s are disposed of directing the respondents
Indian Air Force that within twelve weeks herefrom, if they find the
petitioner s 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
petitioner s. However, if on verification it is found that the petitioner s, 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.
6. 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.
7. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e -mail.

MANMOHAN, J

ASHA MENON, J
JANUARY 22, 2021
KA
2021:DHC:248-DB