Special Pension to so far neglected Naval Sailors of India
A small meeting of this category of ex naval sailors was conducted at Janakpuri Club, New Delhi on 29.05.2017. Approximately 30-35 ex sailors attended this meeting. A part of the meeting show enthusiastic veteran speakers on this occasion.
Mr. Dinesh Kaushik was President of VSWA (Veteran Sailors Welfare Association (Regd) was the Chairman of the meeting and Mr. Alexander, the Vice President assisted him in conduct of the meeting.
Mr. Raminder Singh Sahota, Advocate critically analyzed the present position and informed that 2 groups of our category of veterans have already filed Contempt of Court petition and notice has already been issued to Govt. of India. Our petition is the 3rd one and is being scrutinized in the Registry of the Supreme Court of India and similar orders of the Court are likely to be issued in our filed Contempt of Court petition by our Advocate Mr. Atul Arora.
The veterans present expressed their anguish Government’s neglect to this category, who joined the Indian Navy after 1st war with Pakistan in 1965 and during the period the period of External Emergency declared by India. The Govt of India gave a lot of benefits to Officers category called Emergency & Short Service Commissioned Officers but Sailors of the same period were not only neglected but their rights were snatched by Govt of India by issuing one letter by Ministry of Defence on 3rd July, 1976.
Mr. Mahender explained special features of the judgment of the Supreme Court of India.
Special Pension and gratuity to Sailors-When admissible- A special pension or gratuity may be granted at the discretion of the central Govt, to sailors who are not transferred to reserve and are discharged in large numbers in pursuance of a Government’s Policy:
(i) Of reducing the strength of establishment of the Indian Navy; or
(ii) Of re-organisation which results in paying, to any ship or establishment
The honourable SC has allowed SP based on this above 3 lines only. I know that some of our members reading section 95 may get confused with “may be granted at the discretion of the central govt”. For those people, I am reproducing the relevant portion of the arguments note submitted before the SC, by us. The entire copy of this is available in files section. Till the declaration of the following judgment in 1982, this discretion part was valid.
“Para 29.That in DS Nakra and other vs. UOI, AIR (1983) SCC 305, this Hon’ble Court held that Pension is not an ex gratia payment and it is a payment for the past services rendered or can be said as a deferred wages for the service rendered. Denying this deferred wages or pension for the service rendered by the applicants is unfair and contrary to the law; lay down by this Hon’ble Court in the above case. “
“Para 35.That Pension Regulation 95 (i) provides that special Pension can be granted if sailors are not transferred to reserve and discharged in large numbers in order to reduce the strength of the establishment of the Indian Navy. Accordingly, all The applicants are entitled to special pension as envisaged in regulation 95 (i) of the pension regulations.”
Both the above arguments of ours were approved by SC, in its judgment.
THOSE WHO WISH TO JOIN THE GROUP MAY CONTACT MR. DINESH KAUSHIK 9891909074