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

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25 Comments

  • Hans raj ex lro tel 104359 F says:

    Very well said and cleared boubt querries of members by u and VSWA TEAM
    TKS TO ALL

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  • Sanjay says:

    Congratulations Brave hearts.
    SATYA MEVA JAYATE.
    We can see in photo above these were brave sailors who were ready to sacrifice their lives for our motherland in their prime age. They gave prime 10 years of their life to nation . And alas see what nation is giving back to them. For last 40 years they were struggling for their rights and finally Supreme Court helped them in getting it. But after 7 months Navy /Finance Ministry / Defence Ministry are not able to decide whether Supreme Court is really a Supreme authority or not. They are thinking that Supreme Court has done a mistake and criminally neglecting it.
    When we were sailor , disobeying order of seniors was very big punishable offence.
    What about Navy /finance ministry /defene ministry disobeying Supreme Court ?
    We are innocent patriot sailors please do not play with our sentiments and sentiments of our families .
    May god give Navy wisdom to think right.
    BHARAT MATA KI JAI

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  • Thanks veteran sailors for sharing this imp.info.pls keep posting further info.in fact its quite encouraging to know that our two groups have already gone to sup court with contempt application.

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  • Mohan rao indian says:

    DEAR ALL, APPRECIATE FOR WELL TAKEN AND POINTED OUT”SPECIAL PENSION TO SO FOR NEGLECTED NAVAL SAILORS OF INDIA”

    THIS IS INDIA NON CAN WAKE UP OUR NEAR AND DEAR INDIAN NAVY, MOD, AND GOI./ FINDING OF “POINTED OUT SPECIAL PENSION TO SO FOR NEGLECTED NAVAL SAILORS OF INDIA ” ON REPEAT IT BECOME SERIOUS FINDING AND IT IS DOUBLY SERIOUS FINDING

    THE COUNTRY IS RATED EVERY ONE KNOW AND HOW COME THE FINDINGS OR THE SERIOUS FINDINGS CLOSED SO EASILY.

    IF WE CHASE THEM , THEY CLIMB ON DRUM STICK TREE . THE TECHNIQUE NEED TO APPLY GOD WILLING FOR THE NEAR AND DEAR WITH WHOM WE BEGIN THE CAREER AT THE AGE OF 14 – 16.

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  • Mohan rao indian says:

    DEAR ALL, EVERY THING IS POSSIBLE AND WHY DELAY ON OUR RIGHTFUL PENSION AND FACILITIES. IF INDIAN NAVY / MOD / GOI FAIL TO GIVE A CUT OFF DATE TO REACH / RELEASE OUR PENSION AND FACILITIES ON HAVING THE CLEAR DIRECTION FROM SUPREME COURT WHAT WE WAIT FOR? NOW IT IS HIGH TIME TO INJECT THE URGENCY TO RELEASE OUR DUES FOLLOWED WITH PENSION AND FACILITIES.

    THE GAME IS OVER LET US APPROACH TO GET A DATE WHEN THE DUES AND PENSION / FACILITIES EFFECTIVE?

    THIS NOT THROUGH PAPERS ANY MORE AND GET-TOGETHER ON OFFICE TIME OUT SIDE DECISION MAKING AUTHORITY AND FINISH THE SUBJECT.

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  • sanjay says:

    I agree with Mr. Mohan Rao that we should get together and assemble in front of Defence Minister’s office . There is no point in assembling in front of Navy Officer.
    These Navy Officers will do their level best to make problem more complicated. If it was their wish they could have solved the problem long back. But they did not.
    We must understand all the important policy decisions are taken by Civilian Authority in Govt (Defence Ministry / Finance Ministry).
    Do not run behind Navy we will waste our time and energy. They do not have power.They have already wasted 40 years in our struggle to get pension.
    If anyone has any other bright idea please come forward. Each day is important as we are already old and tired. We need help urgently.

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  • Mohan rao indian says:

    DEAR ALL , LET ME HAVE BRAIN STORM ON THE GUYS DO NOT CO-OPERATE ON WIN WIN AND ACT LIKE DHURYODHAN SIMILAR IN, MOD GOI MIND SET

    NOT TO GIVE RIGHTFUL PENSION AND FACILITIES AND MAN SLAUGHTER ( LIVING WASHED AWAY DUE TO NO FUNDS AND EARNING NAMELY 10 LONG YEARS

    SERVED AND RELEASED SAILORS.) IN-FRONT OF THE HIGHEST GUIDED AND FORCED IN/ MOD AND GOI TO PROVIDE PENSION AND FACILITIES RELATE

    SIMILAR AIR FORCE CORPORAL

    DM FORMED EXPERT COMMITTEE I DO NOT CONSIDER SUPREME COURT BRAIN LESS DO NOT INJECT URGENCY AND FAILED TO READ THROUGH EXPERT

    COMMITTEE WELL EXPERIENCED THEM INDIAN NAVAL ADMIRAL AND MOD TEAM WORKING AS OF DATE.

    THE DAMAGE DONE TO INITIAL ENGAGEMENT OF 10 LONG YEARS SERVED AND RELEASED SAILORS GENERATION ALMOST WASHED AWAY IS A SILENT BOMB

    USED BY INDIAN NAVY, MOD AND GOI EQUIVALENT TO AMERICAN DIRTY BOMBER ON JAPAN . STATISTICALLY DEAD MORE THAN DIRTY BOMB ATTACK DUE

    TO POVERTY AND NEGLIGENCE TO CARE.

    LET US WAIT AND SEE.
    TO CARE UNDER 16 JOINED AND SERVED THE NATION ON DIFFICULTIES.

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  • Mohan rao indian says:

    DEAR ALL,

    I HAVE SEEN A VOICE ON FACE BOOK EVEN IF WE ARE NO MORE OUR CHILDREN WILL FIGHT OUT TO AVAIL PENSION.I DO NOT UNDERSTAND WHY THE RESPECTIVE LOOSE HOPE?

    WE LOVE THIS COUNTRY AND PEOPLE WHY FIGHT. WHAT IS IMPORTANT IS THAT, INDIAN NAVY , MOD AND GOI, MASTER MIND AND CUT CORNERS AND KICK ON THE BREAD WINNERS LIVING BY NOT PROVIDING RIGHTFUL PENSION AND FACILITY.

    ON RIGHT OPPORTUNITY THROW ALL DIRTY OUT. I LIKE HITLER , I LIKE RUSSIAN TECHNIQUES , I LIKE CHINESE ADMINISTRATION, I LIKE KOREAN ADMINISTRATION. NOW MANY COUNTRY USE REVERSE PSYCHOLOGY TO MAKE THINGS OK NOT A FIGHT / WAR.

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  • Mohan rao indian says:

    DEAR ALL, DO NOT LOOSE HOPE WE ALL KNOW SPECIAL PENSION TO SO FAR NEGLECTED NAVAL SAILORS OF INDIA INCLUDES ME AND THE INSULTING NATURE OF NOT REPLYING / SOLUTION GUIDED BY SUPREME COURT NOT CLOSED FURTHER COMPLICATE AS SERIOUS FINDING.ALL CUT OF DATES WERE CROSSED 1. EXPERT COMMITTEE ,2. DM, 3.SC. LET US BE CALM AND WATCH OUT AND NEED OF A FINAL CUT OFF DATE FROM RESPONSIBLE FROM INDIAN NAVY , MOD, GOI AND AGREED WAY TO CLOSE OUT AND BEGIN AVAILING PENSION WILL BE THE WAY IT WORK OUT. / LET US BREAK THROUGH TO GET CUT OFF DATE IS THE ONLY WAY.

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  • Mohan rao indian says:

    DEAR ALL , WE HAVE TO CRITICIZE IN,MOD, AND GOI ON SPECIAL PENSION TO SO FAR NEGLECTED NAVAL SAILORS OF INDIA. SOME PUBLICITY IS IMPORTANT AND BRAINSTORM.

    WE ALL KNOW SIMILAR TO OUR APPLICATION THE CHENNAI AFT HAMMERED TO GET PENSION FOR 3 RESPECTIVE AND STILL EFFECTIVE. THE NAVY DO A POSTMORTEM . AS IF THE AFT CHENNAI COURT ATTENDEES FROM IN , MOT , GOI WERE HIJACKED FORCED TO DEAL AS CONDITIONAL RELEASE OF PENSION WHAT IS THIS ? IS THAT THE WAY ? ALSO GIVE ANOTHER POSTMORTEM REPORT THAT AFT TO AFT HAVE VARIOUS OPINION. ALSO ANOTHER POSTMORTEM REPORT LET THE APPLIED SLP COMPLETE. RECENT POSTMORTEM REPORT WE DO NOT UNDERSTAND WHAT SUPREME COURT REPORT GIVES TO GIVE PENSION OR NOT? HELLO ARE WE IN INDIA?

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  • Alphonso Miranda says:

    Dear fellow sailors
    All the effected sailors should come
    Together. We must write to newspaper editors write editorials. Meet senior naval officers who retired before 1986.
    Meet MPs especially who are ministers.
    Request dpposition leaders like Rahul
    Gandhi Sonia Gandhi seetharam yechuri
    Prakash karat A MIRANDA EX POWTR 104490B

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  • ravi says:

    Veteran We were having a hope while the present government took oath forming ministry;definitely we will get our pension sanctioned where as the honourable supreme court also ordered to pay their dues and special pension.The gov.trying to make our hope to soap bubble.They are taking more care to cows and dogs than the poor sailors discharged their life to the nation which they are ruling.An m.p. Or m.l
    A. Work for 5 years they are entitle for pension and such bill pass without any argument of ruling party or opposition party.The man sitting on elephant thing that dogs will not bite him but remember the whole life he will not sit there o

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  • mohanrao says:

    LET ME CLEAR THE MAGIC WORD. SIMPLE COMMONSENSE TO THE GOVERNMENT IRRESPECTIVE OF ANY COUNTRY RESPECTIVE COUNTRY MAN OF ANY PROFESSION GIVE IN WRITING UN-WILLINGNESS TO PERFORM AS RESERVE ( AS AND WHEN CALLED UPON) WHAT WILL BE THE SCENARIO IN VARIOUS COUNTRY? BRAIN LESS FIGHTING THIS ON SUPREME COURT. ALL CRIMINAL WASTE. MISTAKEN OF GETTING RELIEVED FROM INITIAL ENGAGEMENT AS UN-WILLINGNESS IN TO CHALLENGING GOVERNMENT THAT, THE RESPECTIVE SERVICE NO MORE AVAILABLE ( UN-WILLINGNESS) MAD INDIAN NAVY , MOD AND GOI. TIME WILL SPEAK /TEACH

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  • R.S.Sangha says:

    Hello Sir ,
    A great action for the sailors . Thanks a lot.

    Regards
    Sangha

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  • Dear friends I’m not sure if navy has moved a review petition in supreme court. But if it has,it is only to escape stigma of contempt. As court these days is very harsh on contempt of court plea. In any case our case is very nicely contested & the verdict by the hon.court is classic & flawless. The only concern we all may have is undue delay being caused by all these authorities & no one is ready to take blame. Navy says m.o.d.is taking time to give directives &m.o.d.says navy is not keen in the matter.we very well understand the cunning & stubborn attitude of our dear navy who kept us doldrums till to date. Friends I’ve seen it time& again that shrewd & cleaver take maximum benefits where as genuine cases like us are denied justice. Have patience our days are around the corner now . Thanks advocate hi for ur unflinching support & guidelines

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  • mohanrao says:

    EXCUSES IN THE NAME OF MANY. TEACH LESSON FOR THE RIGHT ATTITUDE ORGANISATION FOR WRONG ATTITUDE ORGANISATION WE ALL KNOW ONLY PUNISH AND NO RE-EXAM FOR SUCH AUTHORITIES.

    EVERY THING THE ENEMY HAS STOLEN. ENEMY KNOWINGLY ON TRICKY WAY MAN-SLAUGHTER, EVEN NOW THE ENEMY NOT BOTHERED ABOUT REPUTATION AND APPLY RP.

    THE REAL LONG YEARS CONTINUED EFFECT OF AFT CHENNAI AND FURTHER EXPERT COMMITTEE CORNERED THE HIDDEN ENEMY. WE ALL KNOW WHO ARE THEY.

    WE APPRECIATE AFT CHENNAI AND EXPERT COMMITTEE GOOD EFFORT GOING TO RESTORE – OUR PIECE, OUR SLEEP, OUR JOY, OUR HEALTH, OUR FAMILY AND OUR FINANCE.

    APPRECIATE GOOD EFFORT TAKEN AS I SAID ABOVE AFT CHENNAI AND SPECIAL COMMITTEE.

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  • Dear veterans an important judgement was imparted by the hon.supreme court on 10july in this order in reply to contempt notice 911/2017 ASG Maninder Singh agreed while submitting that respondnets has already agreed to sanction pension that was directed by the court in its order2147/2011 &same will be disbursed within four weeks.in view of this order we may expect some favourable correspondence from our naval pay & pension office. Thanks

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  • Sanjay says:

    Dear Ravi ….Thank you for such a beautiful news. Only problem is it one month late.Nobody has got any information about this. If you say Naval Pay and Pension office will disburse the pension in next four weeks . That means latest by August 15 we will be free to enjoy independence day with Pension money in our pocket.
    Do you know what happened in the court ? Where we can read the details ? If you have more information please write in detail.
    Thank you once again for sharing information with us.

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  • Satish Arora says:

    It will not come to you. you must contact The Logistics Officer-in-Charge,
    Naval Pension Office, C/o INS Tanaji
    Sion Trombay Road, Mankhurd,
    Mumbai – 400 088

    Tel: 022-25075455/ 5600/5615/5616

    Toll Free Helpline : 1800220560

    Fax: 022-25575605, 25075621, 25564823

    Email : navpen-navy@nic.in

    and submit your papers with applifation

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  • Arjun Gadling says:

    Raviji, How it will possible that navy will disburse pension within four week because MOD is still in supreme court with Review Petition. Today 10 Aug 2017 the Review Petition listed before the supreme court the result yet to come. Until unless review petition not disposed off we cannot say any thing.

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  • Sanjay says:

    Dear Satishji,
    Thanks for giving the details of Naval Pension Office .
    Many of us have gone there before but everyone knows what happened. Babus there was waiting for clearance from higher ups.
    Has the Pension office got the orders from higher-ups ?
    Has pension office started accepting the applications ?
    As you are asking to deposit the documents you must be knowing the outcome of Review Petition filed by Navy .
    What happened exactly ?
    I am asking this question ….because one of our brothers have said in comment that Supreme Court has passed order last month to give pension to these sailor.
    Second brother says Review Petition is due for hearing today (10 August 2017 )
    You are saying submit the documents and we will get our pension.
    Let us bring some clarity to this issue and tell the truth.
    Some of our brothers who are living in different parts of India might travel to Mumbai to check the reality and submit the documents.
    So if some one has real information please share it as soon as possible. This will really help people in need.

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  • Sanjay says:

    Thank you for fighting for right cause till the end. You will get blessings and best wishes from the
    families and friends of these brave sailors who have been fighting for last 40 years.
    God bless you.

    Bharat Mata Ki Jai.

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  • Dear all vaswa veterans today we can truly feel the freshness of freedom. Freedom from the tyranny of our authorities. Who never dealt judiciously with us. Treated us like 2nd class of citizens & worthless slaves. The officers upon whom we l9ked with hope always betrayed us. Had it not been the hon.supreme court who would’ve given us justice. Now here even after this decisive victory pls don’t rest assured on judicious implementation of this verdict. They cannot refrain from playing dirty tricks. So be ready to knock the doors of judiciary in near future. Long live INDIA & enjoy 71st INDEPENDENCE DAY. THANKS.

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  • Satish Arora says:

    Yes sanjay ji, I called Navypen the they advised me to submit application with supporting documents. Thereafter they will send us the pension package to be filled and attested by soldier board. yesterday there was a letter from MOD to Navy pen to work on this issue as war front.https://indiannavy.nic.in/navpen/faqs-common-grievances-and-suggested-action

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  • Kiran Lal Mukhopadhyay says:

    It is my personal feelings that without the intervention of VSWA in the matter of Special Pension with NAVPEN the follow up action on the implementation of the order of Honble SC will not be done as per our expectation. Because individually we, all the affected Sailors stays in different parts of India, which all are far away from Mumbai and Delhi
    KLMukhopadhyay,ExLPM, No.103532A.

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