Indian Navy Veterans aggrieved for not giving Special Pension
HUNDREDS OF SUCH LETTERS ARE SENT BY NAVAL VETERANS TO NAVAL COMMANDERS FOR IGNORING THEM ILLEGALLY TO GIVE PENSION, IN SPITE OF ORDERS BY SUPREME COURT OF INDIA – ITS PITY? ??
Admiral Sunil Lanba, PVSM,AVSM
Chief of the Naval Staff
Minister of State for Defence
South Block, New Delhi-110011
Sri.Sanjay Mitra IAS
101 A, South Block
New Delhi -11011
Cmde CL Saini
The Logistic Officer in charge
Naval Pension Office
Sub: Special Pensions to ex naval veterans-some important real facts
I regret to inform you that, it was quite unfair, on your part or on the part of your subordinate offices to ignore every correspondence related to my eligible special pension. If you felt that, I was claiming for the special pension, without any grounds or eligibility, your office could have given a reply to that effect. Instead for a very simple issue, due to reasons known to you alone, no response was given to me even after 8 months of the judgment. It may be noted that the SC judgment in CA 2147/2011 and CA 8566/2014 was only based on an existing provisions of section95(i) of the Naval pension regulations 1964. As such, can anyone think of a single reason for denying the special pension?
- Has the special pension been denied based on any existing rules of the Indian Navy? If so kindly, inform me the relevant rules or provisions, under which, it was denied.
- Can any convincing reasons for not informing about the issue of govt of India order dated 03.7.76, stopping transfer of sailors to reserve service w.e.f 03.7.76 be given? This vital information affecting my service condition was not informed to me any time, while I was in service or later.
- When the system of transferring sailors to reserve service has stopped by the govt of India, how could, anyone be kept in reserve after 03.7.76, even if a willingness to further service is given? So the linking of unwillingness for further service to payment of special was made deliberately under the influence of some vested interests, who are still working in the Navy against us.
- Had anyone given willingness for further service on completion of initial engagement, such person would have been entitled to a better service pension. As such when none of us has claimed for a normal pension, what is the relevance of giving willingness or unwillingness in the matter of special pension? It is pertinent to note that, the offer of further extension of service so as to earn a minimum service was made to all that time, till the minimum enrolment period in the navy was subsequently raised to 15 years.
- The section 95 of the naval pension regulations is relevant and applicable only related to “special pension” and could be applicable, when the reservists system is stopped by way of a govt order. By the notification of goi letter dated 03.7.76, these conditions of eligibility of special pension, has already been met by all who joined service prior to 03.7.76 and left service after this date without a normal service pension.
- Can any reason be given for not paying me my entitled special pension in a routine manner from the date of my release on 31 Dec 1985, like the payment of any other pension? Except in the amount or rate of pension every procedure is same. Are there any other rules or regulations governing the sanction of special pension, other than section 95 of Pension Regulations and goi letter dated 03.7.76. If there are any other rules or regulations governing the payment of special Pension, please inform with details.
- is it because I had not made a claim for the same? The claim for the same was not made because, I was never informed regarding the goi letter dated 03.7.76 stopping the transfer of sailors to reserve. Like any other sailors in my category, I too was under the impression that, I was kept in reserve and would become eligible for a reservist pension on completion of 10 years after my release.
- Is there any relevance of section 16 of Navy act 1957, in the sanction of special pension, when it is a known factor that “nothing regarding special pension” is mentioned there in. I hope an inadvertent remark in the Para 25 of the judgment made without any supporting rules might have made your office to think negatively on our eligibility.
- Was the issue something complicated and new: Not at all, as the section 95 of the Naval pension regulations 1964, was incorporated only for dealing with special pension related to reserve system? The only requirement to be met for the payment of special pension is that, the system of transferring sailors to reserve should have been stopped as a result of Govt Policy. The Goi letter dated 03.7.76, was a govt of India decision stopping transferring of sailors recruited prior to this date to reserve. As such, anyone who was not transferred to reserve and discharged from Navy, on or after this 03.7.76 should have been paid this special pension from the date of release itself.
- The whole issue was made complicated by someone, by referring the matter to higher authorities, as if the court had directed to pay something new which is not in the rules. Naturally, those offices keep referring the matter for opinions of various departments. Even none of our attempts to appraise our eligibility by virtue of existing rules were also successful. Whoever, we approached might have thought that, if we are eligible by existing rules why the payments were not done earlier. Actually the payment of special pension was not paid at the appropriate time due to ignorance or oversight of the authorities that time, if not deliberately, like in the case of not informing about the notification of an important document like Government of India letter dated 03.07.1976. There were no previous history of a payment of special pension earlier because; eligibility condition of stopping of reserve for all was first met on 03.7.76
In, view of the foregoing kindly look into the issue afresh and make immediate arrangement of payment of special pension, taking the opportunity got through the judgment for the early rectification of an injustice. Out of sheer love and loyalty to our Navy which we maintain still, we had so far not done anything to tarnish the image of the Navy before the Indian Public or serving sailors. Kindly don’t make the issue more complex by misusing or abusing the legal provisions. Any such acts would confirm our belief that, our eligible special pension is still being denied due to the vested interests of someone in the Navy. Maximum, what anyone could do is further prolong the justice, but never deny it forever. Even if, I am not alive to receive my entitlements, the fight would go on for coming generations too, till the both ends of justice is met.
Thanking you in anticipation.
RAMINDER SINGH SAHOTA
EX – LEADING TELEGRAPHIST
“O” No. 93588
Joined Indian Navy: 16.09.1967
Released from Navy: 31.05.1979
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