Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Ajay Rana (Ex-Cpl No. 749935) vs Union Of India & Ors on 27 July, 2021

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw, Amit Bansal

$~20
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 7034/2021
       AJAY RANA (EX-CPL NO. 749935)         ..... Petitioner
                    Through: Mr. Manoj Kumar Gupta, Adv.
                          versus
       UNION OF INDIA & ORS.                              ..... Respondents
                     Through:            Mr. Jivesh Kumar Tiwari, Adv.
     CORAM:
     HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
     HON'BLE MR. JUSTICE AMIT BANSAL
             ORDER

%            27.07.2021
[VIA VIDEO CONFERENCING]
C.M. No.22220/2021 (for exemption)

1. Allowed, subject to just exceptions and as per extant Rules.

2. The application is disposed of.

W.P.(C) 7034/2021

3. The petitioner, now a Senior Section Engineer (Telecom) with the Indian Railways, has filed this petition claiming pro rata pension, in terms of dicta of this Court in Govind Kumar Srivastava Vs. Union of India 2019 SCC OnLine Del 6425 (DB) and Brijlal Kumar Vs. Union of India 2020 SCC OnLine Del 1477 (DB).

4. The counsel for the respondents IAF appears on advance notice and states that the petitioner has not filed any documents relating to either his discharge from the Indian Air Force or that of him joining the Indian Railways.

5. Needless to state that the petitioner will have to file all relevant documents in support of his claim for pro-rata pension, which will be subject to verification by the respondents. The petition is disposed of, directing the respondents IAF to, within twelve weeks herefrom, if find the petitioner to be similarly placed as the petitioner/s in Govind Kumar Srivastava supra and Brijlal Kumar supra grant to the petitioner the same relief as granted in those petitions i.e. of 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. However, if on verification it is found that the petitioner, for any reason is not entitled to pro rata pension as granted in Govind Kumar Srivastava and Brijal Kumar (supra), for reasons other than of the said judgments being in personam, the respondents IAF to, within the said twelve weeks, communicate to the petitioner the reasons in writing and in which event the petitioner shall be entitled to take further remedies thereagainst. If any documents are asked from the petitioner, the petitioner shall furnish the same within one week.

6. If the arrears of pro rata pension though due 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 petition is disposed of.

RAJIV SAHAI ENDLAW, J AMIT BANSAL, J JULY 27, 2021 SU W.P.(C) 7034/2021 Page 2 of 2