Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Naval Service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Armed Forces Tribunal Act, 2007 (55 of 2007) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Naval Service – Service Pension if includesSubmarine Pay – Appellants enrolled in the Indian Navy as Sailorsand subsequently joined its Submarine Arm – Appellants aggrievedwith the refusal of the respondents to take Submarine Pay intoaccount while calculating pension payable to them – Armed ForcesTribunal (AFT) held that submarine pay/allowance cannot be countedfor the purpose of determining pension – On appeal, held: Conceptof Submarine Pay was introduced by Union of India vide Letterdated May 31, 1967 – It was granted to Officers and Sailors whowere qualified to serve in submarines, and were deputed to go tosea from time to time – In terms thereof, Submarine Pay was to betreated as “pay for all purposes” which would include computationof Service Pension – Further, case of the appellants was governedby the Navy Instruction dated August 17, 1974, which were in forcewhen appellants retired on January 1, 1983, for computing thepensionary benefits and it did not exclude Submarine Pay from thecomputation of “pay” for the purpose of calculating Service Pension– It also mentioned Submarine Pay and Submarine Allowanceseparately – Thus, Submarine Pay and Submarine Allowance arenot used interchangeably, as erroneously done in the impugned Order– Submarine Pay was includible in “pay”, for the purposes ofcomputing the Service Pension of the appellants– Order passed byAFT set aside– Armed Forces Tribunal Act, 2007 – Navy(Pension)Regulations,1964 – Regulations 86 and 84. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2018 INSC 599 |
Petitioner | N.n. Godfred & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2018] 9 S.C.R. 281 |
Judgement Date | 2018-07-11 |
Case Number | 10035 |
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