10+10 term ex sailors of Navy not given pension by Navy
We, the undersigned ex sailors of the Indian Navy, submit the following for your kind consideration and favorable action.
- All of us has served in the Indian navy for a minimum period of 10 years and was discharged/retired thereafter from the Indian Navy It is a matter of deep regret and disgust.that,we are not granted any pension so far,inspite of many representations to higher authorities. We were initially enrolled for a term of 10 years. Initial service followed by 10 years reserve service. Accordingly, we were entitled to a reserve pension. However, when raised demand for pension, had rejected our claim stating that vide govt of India order dated 03 Jul 1976, this as reserve service liability has been removed and all existing personnel would get the s reserve pension, “with out either being transferred to reserve or undergoing any reservists training”. This is really a breach of contract, and unilaterally denying benefits to one group of people, as we all were in service during 1976. Our consent for this new provision was also not taken. This is a severe case of discrimination and against article 14 of Constitution.
- As regarding cessation of Fleet reserve system it, exists even now. And as such Navy’s statement the fleet reservists have ceased from 03 Jul 1976 is false. Under new scheme effective 4 Th July 1976 all new entrants recruited are under obligation to serve for 15 years active service followed by 2 to 3 years reserve liability.
- All central govt employees who leave their service on completion of 10 years are paid pension. Since service in Indian Navy is also a central govt service and more so because of its very nature of job and conditions, wherein one is 24 hours on duty, throughout the service, should get some special benefit. Instead of that we are deprived of our legitimate right.
- We were legally discharged with the knowledge and permission of the Govt. after completion of the regular service as per the terms of service. We are the one who served the nation in its most miserable days after the independence and the hardship that we have put in is no way comparable with the present generation of the Defence Forces. We have sacrificed our prime youth to serve the nation in the worst ever living condition and now fighting for the survival without any source of income. Most of us took part in China war Pakistan operation and Goa operation.
- Finally, being an MP of Rajyasabha and Lok Sabha, a person get a monthly pension to the tune of Rs.20, 000.00(being enhanced to Rs.35, 000.00), even for a “ONE” day service. Even honorable judges of High Court and Supreme Court are paid this pension irrespective of the period of active service.
- Since our representations to higher authorities have not yielded any positive response, some of the affected persons have filed a case before armed forces tribunal. The AFT, Chennai, has given a favorable judgment, taking our plea as genuine and legal. However, the Navy has filed a. It is very unfortunate that the Ministry of Defence (Navy) has filed a belated special leave Petition in the Honorable Supreme court challenging the above verdict and is numbered as Appeal Civil No. 8566/2014.
- Now the Navy has come up with a new argument that transfer to reserve is only if required by the Navy and the personnel discharged after 1976 policy has not been transferred to reserve. However, in the IN 271(Certificate of Service issued by Indian Navy at the time of Discharge) of the personnel those who were enrolled up to 1976 and discharged after 10 years of regular service, this reserve service liability is continued to be endorsed even after 1976, . By this endorsement from,IN 271, it is clear that, even after 1976, we were liable for reserve service up to further Ten years of Discharge. If our services as reservists were no longer required, why had they put this entry IN 271, issued even after 1976? From this itself, it is clear that, the Navy’s argument of service not required, after the completion of our liability period is only to deny our right of reservist pension. It is pertinent to mention that none of us got any communication from the Navy, atany time during or after leaving the service, exonerating us from our “reserve service liability”, which was part of our enrollment agreement.
- If it is presumed that after 1976 due to a government policy Navy sailors were not transferred to reserve and not eligible for reservists pension, then we are entitled to Special Pension as per Regulation 95 of the Pension Regulations for the Navy, 1964.i.e we are either entitled to reservists pension or special pension.However, we are not being paid, either of these pensions.
- Even though, we are confident of winning our case before, Supreme Court, considering the heavy pendency of case before them, any final decision would come only after many years. Since almost all of us are above 60s,70s and some in 80s,by the time a judgment comes on this, many will not remaining alive to enjoy the pension. Our total numbers would be less than thousand. There are no additions to this group, as the present minimum of term of engagement in the armed forces is 15 years and above. The liability of the government with regards to pension to this group would come to NIL with in a period of 20 to 30 years, because of our age.
In view of the above, we request an expeditious solution of our rightful and just demand of granting at least a minimum pension similar to the one granted to a central government employee of 10 years service. By this memorandum, we request your whole hearted help, at appropriate level, in getting justice to us.
IN CASE OF ANY QUERY OR ASSISTANCE REQUIRED, LEAVE A REPLY BELOW