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Sunday, 20 November 2016

SAILORS WITH 10 YEARS OF INITIAL ENGAGEMENT TO GET SPECIAL PENSION


IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2147 of 2011
T.S. Das and Ors.
.....Appellants
Vs.
Union of India and Anr.
......Respondents
With
Civil Appeal No.8566 of 2014
J U D G M E N T
A.M.KHANWILKAR, J.

These appeals emanate from the divergent relief claimed by
the original applicants before the Armed Forces Tribunal
(Appellants in Civil Appeal No. 2147 of 2011 and Respondents in Civil Appeal No. 8566 of 2014), which, however, involve overlapping points for consideration. Hence, we deem it apposite to dispose of both these appeals analogously, by this common judgment.
PARA 25 OPERATIVE PART
Thus understood, all Sailors appointed prior to 3
Rd July, 1976 and whose tenure of initial active service/empanelment period expired on or after 3
Rd July, 1976 may be eligible for a Special Pension under Regulation 95, subject, however, to fulfilling other
requirements. In that, they had not exercised the option to take  is discharge on expiry of engagement (as per Section 16 of the Act of 1957) and yet were not and could not be drafted by the competent Authority to the Fleet Reserve because of the policy of discontinuing the Fleet Reserve Service w.e.f. 3rd July, 1976. The cases of such sailors (not limited to the original applicants before the Tribunal) must be considered by the Competent Authority within three
months for grant of a “Special Pension” from three years prior to the date of application made by the respective Sailor and release payment after giving adjustment of Gratuity and
Death-cum-Retirement-Gratuity (DCRG) already paid to them from arrears. They shall be entitled for interest @ 9% P.A. on the arrears, till the date of payment.
NNew Delhi,
DDatDated: 27th
OOctober, 2016
  CLICK HERE TO REFER FULL JUDGEMENT

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