CONTEMPT PETITION DISPOSED OFF GOVT AGREES TO IMPLEMENT COURT ORDER IMMEDIATELY FOR THOSE SAILORS ENROLLED ON OR BEFORE 3RD JULY 1976 & DISCHARGED THERE AFTER
25. Thus understood, all Sailors appointed prior to 3 rd July, 1976 and whose tenure of initial active service/empanelment period expired on or after 3 rd 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. 3 rd July, 1976. The cases of such Sailors (not limited to the original applicants before the Tribunal) must be considered by the Competent Authority within three months for grant of a “Special Pension” from three years prior to the date of application made by the respective Sailor and release payment after giving adjustment of Gratuity and Death-cum-Retirement-Gratuity (DCRG) already paid to them from arrears. They shall be entitled for interest @ 9% P.A. on the arrears, till the date of payment.
26. The appeals are disposed in the above terms with no order as to costs. Application for impleadment is also disposed of. .
25. Thus understood, all Sailors appointed prior to 3 rd July, 1976 and whose tenure of initial active service/empanelment period expired on or after 3 rd 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. 3 rd July, 1976. The cases of such Sailors (not limited to the original applicants before the Tribunal) must be considered by the Competent Authority within three months for grant of a “Special Pension” from three years prior to the date of application made by the respective Sailor and release payment after giving adjustment of Gratuity and Death-cum-Retirement-Gratuity (DCRG) already paid to them from arrears. They shall be entitled for interest @ 9% P.A. on the arrears, till the date of payment.
26. The appeals are disposed in the above terms with no order as to costs. Application for impleadment is also disposed of. .
26.
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