Delhi High Court - Orders
Jitendra Kumar Yadav vs Union Of India & Ors on 9 July, 2021
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Amit Bansal
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6335/2021
JITENDRA KUMAR YADAV ..... Petitioner
Through: Mr. Manoj Kumar Gupta, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Akshay Amritanshu, Advocate
for UOI.
Sergeant Ravindra Kaviya for R-2&3
from DAV Legal Cell.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 09.07.2021 [VIA VIDEO CONFERENCING] C.M. No. 19957/2021(for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P.(C) 6335/2021
3. The petitioner, being an ex-Corporal in the respondents Indian Air Force has filed the present petition impugning the rejection of his representation for grant of pro rata pension and seeking mandamus directing the respondents Indian Air Force to grant arrears of pro rata pension as well as future pro rata pension to the petitioner.
4. The counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment of the Division Bench of this Court in W.P.(C) 6335/2021 Page 1 of 3 Govind Kumar Srivastava Vs. Union of India, 2019 SCC OnLine 6425 (DB), against which Special Leave Petition (Civil) No.8813/2019 has also been dismissed on 26th April, 2019.
5. The counsel for the respondents Indian Air Force appears on advance notice and states that the matter may be disposed of in terms of directions passed by this Bench in order dated 7th July, 2021 in W.P. (C) No.6170/2021 titled Rajendra Prasad Gupta Vs. Union of India.
6. Accordingly, the present petition is disposed of and the respondents Indian Air Force are directed to, within twelve weeks herefrom, examine/re- examine the case of the petitioner and if found to be covered by what has been laid down in Govind Kumar Srivastava supra and judgment dated 24th November, 2020 in W.P. (C) No. 98/2020 titled Brijlal Kumar Vs. Union of India, to grant to them the same relief as granted in those petitions i.e., within the said period of twelve weeks release all arrears of pro rata pension due to the petitioner from the date of discharge till the date of payment and to, in future, commence payment of pro rata pension to the petitioners on a month by month basis in accordance with law. However, if on verification it is found that the petitioner is not covered by the said judgments for reasons other than of the judgments in Govind Kumar Srivastava supra and Brijlal Kumar supra being in personam, the respondents to, within the said period of twelve weeks, communicate to the petitioner, not so found entitled, the reasons in writing therefor and in which event, the petitioner shall, against such communication, be entitled to take further remedies.
7. If the petitioner is found to be entitled to grant of pro rata pension, and such pro rata pension is not paid within twelve weeks as aforesaid, the arrears thereof shall incur interest @ 7% per annum from the expiry of W.P.(C) 6335/2021 Page 2 of 3 twelve weeks till the date of payment.
8. In view of the above, petition is disposed of.
RAJIV SAHAI ENDLAW, J AMIT BANSAL, J JULY 9, 2021 ak W.P.(C) 6335/2021 Page 3 of 3