SANTOSH KUMAR PAL (EX SGT 762571-H)  Vs UNION OF INDIA & ORS.

W.P. (C) 1099 /2021 & 1151/2021 Page 1 of 2
$~Suppl. -17 & 25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 1099/2021, CM APPL. 3060/2021
SANTOSH KUMAR PAL (EX SGT 762571 -H) …..Petitioner
Through: Ms. Pallavi Awasthi, Advocate.
Versus
UNION OF INDIA & ORS. …..Respon dents
Through: Ms. Prerna Chopra, Proxy Counsel
for Ms. Nidhi Raman, Advocate

+ W.P. (C) 1151/2021, CM APPL. 3252/2021
YASHPAL SINGH & ORS. …..Petitioners
Through: Ms. Pallavi Awasthi, Advocate.
Versus
UNION OF INDIA & ORS. …..Respo ndents
Through: Ms. Prerna Chopra, Proxy Counsel
for Ms. Nidhi Raman, Advocate

% Date of Decision: 29th 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) :
1. Learned counsel for the petitioner s states that the petitione rs in this
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.
2021:DHC:344-DB W.P. (C) 1099 /2021 & 1151/2021 Page 2 of 2
2. Learned counsel for the petitioner s, on enquiry, states that the
requisite No Objecti on Certificate d (NOC) had been given .
3. Learned counsel for the respondents fairly states 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 s be dispo sed of.
4. Accordingly, the petition s and applications 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 t o take further remedies there against.
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.

MANMOHAN, J

ASH A MENON, J
JANUARY 29, 2021 /ck
2021:DHC:344-DB