Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1957 - Navy (Pension) Regulations Armed Forces: Navy Act 95 - 1964 - Regns. 92 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Armed Forces: Navy Act, 1957 - Navy (Pension) Regulations, 1964 - Regns. 92, 95 - Reservist Pension and Special Pension - Grant of - Applicants appointed as Sailors in Indian Navy prior to 03.07.1976 - Appointment letter to the effect that applicant engaged as Sailor for JO years active service and JO years on fleet service thereafter, if required - Applicants continued for a brief period beyond the initial term of I 0 years in active service - Meanwhile, discontinuation of Fleet Reserve Service because of the Government policy dated 03.07.1976 - Applicants discharged without drafting them to fleet reserve services and paid gratuity - Claim of applicallfs for the grant of special pension and reservist pension before the tribunal - Rejected by the tribunal - In another application, tribunal accepted to the claim of appellants for gram of reservist pension - On appeal, held: There is no provision either i11 the Act of 1957 or the Regulatio11s framed thereu11der, to suggest that drafti11g of such Sailors on Fleet Reserve Service was ''automatic" after expiration of their active service/enrolment period - Effect of the Government Policy is to disband the establishment of the Reserve Fleet Service with effect from 03.07.1976 - Drafting of Sailors to the Reserve Fleet Service was dependellf 011 an express order to be passed by the competent Authority - Sailors did 11ot have a vested or accrued right for being placed in the Reserve Fleet Service - Hence, 110 right of the Sailors in active service was affected or taken away because of the Policy - Consequence of not placing the concerned Sailor to the Fleet Reserve Service may result in deprivation of Reservist Pe11Sion ~ However, applica11ts e111itled W..Special Pension u11der Regn. 95, bei11g a separate dispe11Sation for such Sailors, u11less discharged by way of punishme111 under Regn. 279 - Nonof the applicants entitled for Reservist Pension in terms of Regn. 92 - All Sailors appointed prior to 03.07.1976 and whose tenure of initial active service/empanelment period expired on or after 03.07.1976 eligible for Special Pension under Regn. 95, subject to fulfilling other requirements - Navy Ceremonial Conditions of Services and Miscellaneous Regulations, 1964 - Regn. 269. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2016 INSC 994 |
Petitioner | T.s. Das And Ors. |
Respondent | Union Of India And Anr. |
SCR | [2016] 6 S.C.R. 541 |
Judgement Date | 2016-10-27 |
Case Number | 2147 |
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