Delhi High Court - Orders
Shubh Ashish Sharma vs Union Of India & Ors on 24 December, 2020
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Asha Menon
$~VC-2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 2577/2020
SHUBH ASHISH SHARMA .....Petitioner
Through: Mr. Ankur Chhibber, Advocate.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Vijay Joshi, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
OR D E R
% 24.12.2020
[VIA VIDEO CONFERENCING]
CM APPL. No.34592/2020 (of the petitioner for early hearing)
1. The counsel for the respondents appears.
2. For the reasons stated, the application is allowed and the writ
petition is taken up for hearing today itself.
3. The application is disposed of.
CM APPL. No.34593/2020 (for exemption from filing the certified
copy of judgement dated 24th November, 2020 in W.P.(C) No.
98/2020)
4. Allowed, subject to just exceptions and as per extant rules.
5. The application is disposed of.
W.P. (C) 2577/2020 Page 1 of 3
W.P. (C) 2577/2020
6. The petitioner, claiming to be similarly situated as the petitioner in
Govind Kumar Shrivastava Vs. Union of India 2019 SCC OnLine Del
6425 (DB) [Special Leave Petition (Civil) No. 8813/2019 whereagainst
was dismissed on 26th April, 2019], and the petitioners in Brijlal Kumar
Vs. Union of India and other connected petitions 2020 SCC OnLine Del
1477, seeks the relief of pro rata pension.
7. The counsel for the petitioner, on enquiry states that the requisite
No Objection Certificate (NOC) has been filed.
8. The counsel for the respondents IAF fairly states that subject to the
right to verification and reserving the right of the respondents IAF to
approach the Supreme Court against the judgment in Brijlal Kumar
supra, the petition may be disposed of.
9. Accordingly, the petition is disposed of, directing the respondents
Indian Air Force, to within 12 weeks herefrom, if find the petitioners to
be similarly placed as the petitioners in Govind Kumar Shrivastava supra
and Brijlal Kumar supra, to grant to him, the same relief as granted in
those petitions, that is by payment of the arrears of pro rata pension, from
the date of discharge till the date of payment, and to in future, continue to
pay pro rata pension to the petitioner. However, if on verification it is
found that the petitioner, for any reason, is not entitled to pro rata
pension for reasons other than of the judgments Govind Kumar
Shrivastava supra and Brijlal Kumar supra being in personam, the
respondents IAF to, within the said 12 weeks, communicate to the
W.P. (C) 2577/2020 Page 2 of 3
petitioner the reasons in writing therefor and in which event, the
petitioners shall be entitled to take further remedies thereagainst.
10. If the arrears of pro rata pension are to be paid and if are not paid
within 12 weeks, the same shall incur interest thereon @ 7% per annum,
from the expiry of 12 weeks till the date of payment.
11. The petition is disposed of.
RAJIV SAHAI ENDLAW, J.
ASHA MENON, J. DECEMBER 24, 2020/ck W.P. (C) 2577/2020 Page 3 of 3