Implementation the Supreme Court of 27 Oct 2016 special pension of effected Sailors

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Indian Navy Sailors who have regular service bond of 10 years followed by 10 years fleet reserve and as per Government Policy sailors are entitled to get reserve or special pension. However Navy has denied our right, though we have made many representations to the Authorities, finally we have approached the Hon. Supreme Court for justice and filed the petition by Veteran Sailors Welfare Association. After 4 decades of struggle with the various authorities finally the Hon. Supreme Court granted the special pension by the court order judgment dated 27 Oct 2016, in CA 2147/2011 and CA 8566/2014 have allowed the plea of effected ex-sailors for grant of special pension who have joined the Navy before 3rd July 1976 and left after 10 or more service.

The first and  last page of the court order as appended below,

“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. 

Quote “Thus understood, all Sailors appointed prior to 3rd July, 1976 and whose tenure of initial active service/empanelment period expired on or after 3rd 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 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.

Page 41

41

26. The appeals are disposed in the above terms with no order as to costs. Application for impleadment is also disposed of.

……………………………..CJI

(T.S.Thakur)

………………………………..J.

(A.M.Khanwilkar)

………………………………..J.



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