SHUBHRANSHU MISHRA & ORS.  Vs UNION OF INDIA & ORS.

W.P.(C) 295/2021 Page 1 of 3
$~Suppl. -35
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 295/2021 & CM APPL. 764 /2021
SHUBHRANSHU MISHRA & ORS . ….. Petitioners
Through Ms.Pallavi Awasthi, Advocate.
versus
UNION OF INDIA & ORS. ….. Respondent s
Through Mr.Jivesh Kumar Tiwari, Advocate.

% Date of Decision: 11
th 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 has been heard by way of video conferencing.
2. Learned counsel for the petitioners states that all 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 2 019 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:106-DBW.P.(C) 295/2021 Page 2 of 3

3. Learned counsel for the petitioners, on enquiry, states that the
requisite No Objection Certificates (NOCs) have been filed along with the
petition.
4. Learned counsels for the respondents fairly state s that subject to the
right to verification and the right of appeal to the Supreme Court against the
judgm ent in Brijlal Kumar (supra) being saved, the petitions 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
petitioners to be similarly placed as the pe titioners 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 t hereof and in
which event, the petitioners 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
twelv e weeks till the date of payment.

2021:DHC:106-DBW.P.(C) 295/2021 Page 3 of 3
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 11, 2021
KA

2021:DHC:106-DB