Special Pension to 10 + 10 years ex-servicemen of Navy

I am just pasting here the matter posted by KI and shared by a commander retired is as foĺĺows.

This is a case wherein the Indian Navy tried its hand in enthusiastically getting the reservist pension granted by the Chennai Bench of the Armed Forces Tribunal to an old sailor set aside by the Supreme Court but ended up with an order for grant of ‘Special Pension’ in favour of all similarly placed personnel, irrespective of whether they have approached Courts or not.

The Navy had a system of 10 years active service followed by 10 years in the fleet reserve similar to the colour + reserve scheme of the Army & the Air Force. Reservist Pension was admissible to such personnel after 15 years of combined active and reserve service. In the year 1976 however, the system of placement on reserve fleet was discontinued and all those who were on rolls (even those who had joined before 1976) were released after 10 years thereby resulting in non-grant of pension to some of such sailors.

The Chennai Bench of the Armed Forces Tribunal however held in the case of one such sailor that such sailors were entitled to reservist pension since it was not these personnel who had opted out but it was the Navy which discharged them on change of policy. But on the other hand, the Principal Bench of the Tribunal dismissed such claims by similarly placed sailors. The claim for ‘Special Pension’ which is granted to personnel with 10 years of service who are released on ‘reduction in establishment’ was also not accepted for the affected sailors.

Thereafter while the Navy challenged the order of the Chennai Bench of the Tribunal against the grant of Reservist Pension, the sailors led by TS Das whose cases were dismissed by the Principal Bench, also challenged the denial of pension.
The Supreme Court in a detailed order has agreed that such sailors are not entitled to Reservist Pension essentially for the reason that even under the erstwhile system, placement on fleet reserve was not mandatory and was only to be effectuated ‘if required’. However, on threadbare examination of the issue, the Supreme Court has reached the conclusion that discontinuing the system of active-reserve service amounted to reduction of establishment and such personnel would definitely be entitled to ‘Special Pension’. Consequently, the Court has ordered that Special Pension be released to all such affected sailors, not just limited to those who had filed cases before the Tribunal.

One ideally would have expected the top Naval brass to come to the rescue of such sailors, some in extreme old age, who had been denied reservist pension due to sudden change in policy by convincing the Government to come up with a scheme to help such sailors tide over difficulties in the twilight of their lives, but instead, they chose to fight tooth and nail against benefits granted to one such sailor. It can also be said with due certainty that the Navy would have not even informed the Supreme Court that a Committee of Experts constituted by the Raksha Mantri had already rendered a positive recommendation for such personnel as far as their pension is concerned.

But then, divine justice by the Court wherein not just the litigants, but all such affected sailors would now have a comparatively comfortable life in the few years that they are left with. One can only hope that the few such personnel who are now living are identified at the earliest by the Navy and the decision given effect to without posing any further hyper-technical impediments.

 

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6 Comments

  • Mohan rao indian says:

    DEAR ALL, AS STATED ABOVE NAVY WOULD HAVE NOT INFORMED THE SUPREME COURT THAT A COMMITTEE OF EXPERTS CONSTITUTED BY THE RAKSHA MANTRI HAD ALREADY RENDERED A POSITIVE RECOMMENDATIONS FOR SUCH PERSONAL AS FOR AS THEIR PENSION IS CONCERNED. HOW COME THE SUPREME COURT FUNCTION LIKE HORSE NOT AWARE OF EXPERT COMMITTEE REPORT AND NAVY FAIL TO INFORM THE EXPERT COMMITTEE INTERVENTION AND FISHY. EXPERT COMMITTEE RIGHTFULLY INJECTED THE URGENCY WITH A CUT OF DATE. CUT OF DATE WORRIED AND RUSH RUSH NAVY/ MOD / COOKED UP AND REACH TO THE HORSE -SC WHO DO NOT HAVE WIDER VIEW CLOSE OUT WITH A CONFUSED STATEMENT WITH HELD AS OF DATE STATING SPECIAL PENSION AS IF INITIAL ENGAGEMENT OF 10 LONG YEARS SERVED AND RELEASED SAILORS ARE UN-INVITED GUEST FOR INDIAN NAVY AND SUPPLIED BY MOD / GOI AND SC AWARD TOKEN GIFT.ALL FAULT OVER FAULT

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  • Mohan rao indian says:

    DEAR ALL, LET ME PUT MY ANALYSIS LET ME TELL A WORST SCENARIO BEFORE THAT, LET ME TELL THE VOICES IN EX.SAILORS SITE, THE FINAL COMBINED REPRESENTATION OF VOTING IS ON TO APPROACH PM. I AM SUPPORTER OF GOOD RESULT AS I AM ALSO SIMILARLY PLACED INITIAL AGREEMENT SERVICE OF 10 YEARS AND RELEASED ON COMPLETION.

    WHEN WE TAKE UP WORST SCENARIO NOT GIVEN AGREED PENSION DUE TO VARIOUS REASON OR TECHNICALLY DRAG THE ISSUE BY MOD/IN/GOI, WHAT WILL BE THE MIND SET OF THE LONG AWAITED SAILOR, FAMILIES AND CHILDREN ARE QUESTIONABLE AND MAKE WORRY?

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  • Mohan rao indian says:

    DEAR ALL, WE CAN HEAR VOICES FROM VARIOUS EX.SERVICEMAN SITE ABOUT SPECIAL PENSION AND WHO GIVE THIS TERMINOLOGY AS THIS SOUNDS LIKE CHARITY MONEY. WHO EVER COME FRONT AND NAMED MASTERMIND. WE KNOW ONLY AS WE UNDERGO INITIAL 10 LONG YEARS SERVICE AND RELEASED TO BE PAID PENSION THAT IS THE FINAL. WE ARE THE JUDGE WHO UNDERGONE INITIAL 10 LONG YEARS SERVICE AND RELEASED AND FOOLISH TO CHANGE THE TERMINOLOGY. NO NEED SUCH A LONG WRITE UP ONLY ONE UNDERLYING CAUSE SUFFICIENT ON JUDGEMENT IN SUCH INDIAN NAVY /MOD/ GOI FAILED ON PROMISE AND PAY THE DUES AND CONTINUE WITH OUR RIGHTFUL PENSION. LEAST INTERESTED ON ANY JUDGEMENT AS THE RESPECTIVE INDIVIDUALS UNDERGONE INITIAL 10 LONG YEARS SERVICE AND RELEASED ARE THE JUDGE HIM SELF ON TRUTH AND AWAIT SC JUDGEMENT ACTIONED OUT.

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  • AAmitAAmitMIT KUMAR Roy says:

    Special pension to reservist sailors of Indian navy with 10 years initial engagement is approved and hope we all will be getting approval from MOD very soon may be as a dassera gift. Let us hope. AMIT KUMAR ROY.

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  • GENGUSAMY GN says:

    MOD sanction for grant of special pension under Regulation 95 the sailors appointed prior to 03 07 1976 and discharged after 03 07 1976 on expiry of active service subject to the condition
    the ex sailor was not and could not be drafted to fleet reserve service because of the discontinuation of policy
    Ex sailor did not exercise the option to take discharge on expiry of engagement period i.e the sailor for retention in active service but not granted extension to qualify for pensionable service
    Joined on 09 04 1974 and engagement expired on 30 04 1984
    10 years Fleet reserve from 09 04 1984
    Under the above condition whether I am eligible for pension.

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  • L S PRUTHI says:

    I was discharged in 1971 after 10 years service. My recruitment was also for 10 years active and 10 years reservist. Am I eligible for pension.

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