SANTOSH KUMAR  Vs UNION OF INDIA AND ORS

W.P.(C) 640/2021 Page 1 of 2
$~Suppl. -42

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (C) 640/2021
SANTOSH KUMAR …..Petitioner
Through: Mr.Ranjan Kumar, Advocate.
Versus
UNION OF INDIA AND ORS …..Respondents
Through: Ms. Nidhi Raman, CGSC

% Date of Decision: 15th 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. The petition ha s been heard by way of video conferencing.
2. Learned counsel for the petitioners state s that the petitioner in th is
petition claim to be similarly placed to the petitioners in Brijlal Kumar v.
Union of India and other s 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 Petit ion (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 petitioner in this petition, on enquiry, states
that the requisite No Objection Certificates (NOCs) ha s been filed along
with the petition.

2021:DHC:178-DBW.P.(C) 640/2021 Page 2 of 2
4. Learned counsels 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 peti tion be disposed of.
5. Accordingly , the petition is 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
petitioners. However, if on verification it is found that the petitioner , for any
reason, is 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 th e
petitioner , not so found entitled, the reasons in writing there of and in which
event, the petitioner shall be entitled to take fur ther 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 websit e forthwith. Copy of the order be
also forwarded to the learned counsel through e -mail.

MANMOHAN, J

ASHA MENON , J
JANUARY 15, 2021 /KA
2021:DHC:178-DB