Clarification on Special Pension for Sailors
The recent modification judgement by SC has paved way for Naval special pension to all affected sailors instead of case to case basis as mentioned in the below clarification issued earlier.The eligibility criteria stands good
1.
Numerous representations are being received at IHQ MoD(Navy) as well as
NAVPEN from aggrieved ex-sailors whose request for grant of Special
Pension has been rejected. It is observed from the representations that
the ex-sailors’ grievance is about the Indian Navy having taken a
‘Selective’ and ‘Discriminatory’ method for granting Special Pension to a
few among all similarly placed ex-sailors. The clarification regarding
grant of special pension is enumerated in the succeeding paragraphs.
2. As per Regulation 78 of Navy (Pension) Regulation 1964, it was
mandatory for a Personnel Below Officer Rank to render 15 years of
colour service to become eligible for Service Pension. All sailors of
the Indian Navy were recruited with 10 years initial engagement tenure
till 03 Jul 1976 and had two options at the time of discharge to become
eligible for pension:-
(a) Either to sign for further service of 05 year i.e to complete 15
years of colour service which is mandatory to earn service pension.
Or
(b) To enrol for Indian Fleet Reserve for 10 years to earn Reservist
Pension. This enrolment into Fleet Reserve was guided by Indian Fleet
Reserve Act of 1939 and the enrolment was neither a matter of right nor
was automatic as per Reg.6 of Indian Reserve Act 1939.
3. Among the sailors who volunteered for the second option mentioned at
Para 2(b) above, only those who met requirements of service i.e certain
qualifications in terms of character, efficiency, age and medical
category, were drafted to Fleet Reserve. Their conditions of service
were entirely different from those who had signed for first option, in
that, they were called for training once every two years and were paid
retention fee and TA/DA/Pay for the training period.
4. Gol had revised the initial engagement tenure of all sailors to 15
years vide letter AD/5374/2/76/2214/S/D(N-II) dated 03 Jul 76. By the
same letter, the Indian Fleet Reserve Service was discontinued. Those
sailors who were already enrolled prior to 03 Jul 1976 in the Indian
Fleet Reserve were allowed to continue and complete their respective
tenure and were sanctioned Reservist Pension.
5. Thus there is a category of ex-sailors who were discharged after 03
Jul 1976 with initial engagement of 10 years but since enrolment into
fleet reserve was done away with, they were not granted Reservist
Pension. These personnel approached the court for grant of Reservist
Pension. The Hon’ble Supreme Court passed an order dated 27 Oct 16 in CA
No. 2147/2011 and 8566/2014 for grant of Special Pension stating, that
“all sailors appointed prior to 3rd July, 1976 and whose tenure of
initial active service/ empanelment period expired on or after 3rd July,
1976 may be eligible for a Special Pension under Regulation 95,
subject, however, to fulfilling other requirements. In that, they had
not exercised the option to take discharge on expiry of engagement (as
per Section 16 of the Act of 1957) and yet were not and could not be
drafted by the Competent Authority to the Fleet Reserve because of the
policy of discontinuing the Fleet Reserve Service w.e.f 3rd Jul 1976”.
6. The Hon’ble Supreme Court order is being implemented on case-to-case
basis as per Gol, MoD/D(Pension/Legal) Letter No. 4/10/2017/D(P/L) dated
26th September 2017. The letter states that sailors appointed prior to
03 Jul 1976 and discharged on or after 03 Jul 1976 on expiry of 10
years active service, subject to following conditions are eligible for
grant of Special Pension:-
(a) The Ex-Sailor was not and could not be drafted to Fleet Reserve
Service because of the discontinuation of the policy.
(b) The Ex-Sailor did not exercise the option to take discharge on
expiry of engagement period i.e the Sailor opted for retention in active
service, but not granted extension to qualify for pensionable service.
7. The Hon’ble Supreme Court order is being implemented in true letter
and spirit and there is no discrimination or violation of rules.
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