Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1964: Regulation 82(a) Navy (Pension) Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Navy (Pension) Regulations, 1964: Regulation 82(a) — Condonation of shortfall of pensionable service — Minimum qualifying period for pensionable service was 15 years — In the Regulations, condonation of shortfall of service was permissible for 1 year — Service rendered by respondent for 13 years 10 months and 13 days ~ Retirement sought on compassionate ground — Respondent claimed benefit under the Regulations and benefit of rounding off the period of service in terms of Government of India Instructions dated 30th October 1987 — Held: Instructions dated 30th October, 1987 provided that in calculating the length of qualifying service fraction of a year equal to three months and above but less than six months shall be treated as a completed one half year for reckoning qualifying service — In view of these provisions, the respondent is entitled to claim total period of service as 14 years for the purpose of calculation of pension — By Government of India order dated 14th August, 2001, administrative power has been delegated to the competent authority to condone shortfall in qualifying service for grant of pension beyond six months and upto 12 months — In view of the said provision, the respondent is entitled to claim for condonation of shortfall in qualifying service for grant of pension beyond six months and upto 12 months — Tribunal rightly declared that the respondent's shortfall in service stood condoned — Service law — Pension. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2015 INSC 56 |
Petitioner | Union Of India & Anr. |
Respondent | Surender Singh Parmar |
SCR | [2015] 1 S.C.R. 930 |
Judgement Date | 2015-01-20 |
Case Number | 9389 |
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