Delhi High Court - Orders
Sarvesh Kumar Singh vs Union Of India & Ors on 14 December, 2020
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Asha Menon
$~VC-21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10320/2020
SARVESH KUMAR SINGH .....Petitioner
Through: Mr. Manoj Kumar Gupta, Adv.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Ms. Amrita Prakash. CGSC with
Ms. Dacchita Shahi & Mr. Akshat
Singh, G.Ps. & Mr. Bhanu Gupta,
Advocate
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 14.12.2020 [VIA VIDEO CONFERENCING] CM APPL. 32668/2020 (exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P.(C) 10320/2020
3. 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.
4. The counsel for the petitioner, on enquiry states that the requisite No Objection Certificate (NOC) has been filed, and the counsel for the W.P. (C) 10320/2020 Page 1 of 2 respondents Indian Air Force (IAF) appearing on advance notice confirms.
5. The counsel for the respondents IAF states that reserving the right of the respondents IAF to approach the Supreme Court against the judgment in Brijlal Kumar supra, the petition may be allowed.
6. Accordingly, the petition is allowed in terms of the orders in Govind Kumar Srivastava supra and Brijlal Kumar supra, that is by directing the respondents IAF to, within 12 weeks, release to the petitioner, the arrears of pro-rata pension, from the month of discharge till the month of payment, and to continue to pay future pro-rata pension to the petitioner.
7. If the arrears of pro rata pension are not paid within 12 weeks, the respondents IAF shall be liable to pay interest thereon @ 7% per annum, from the expiry of 12 weeks, till the date of payment.
8. The petition is disposed of.
RAJIV SAHAI ENDLAW, J.
ASHA MENON, J.
DECEMBER 14, 2020 ck W.P. (C) 10320/2020 Page 2 of 2