Both these orders passed in O.A. as well as in review petition have been assailed by the appellants by way of instant appeal preferred under Section 30 of the Armed Forces Tribunal Act, 2007.
The respondents deny the placement of appellant Nos.
In their respective ranks, they relieve each other when transferred to ships and establishments.
Reverting to the facts of the appellants case, as pointed out above, appellant Nos.
The cases of such Sailors number limited to the original applicants before the Tribunal must be companysidered by the companypetent 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.
The appellants thereafter filed review petition seeking review of that judgment which was also dismissed by the AFT on March 25, 2014.
On that basis, it is claimed that 5 years period of Reserve would enure to their benefit and on adding this period of 5 years with actual service of 10 years, it is to be treated that they have rendered 15 years of service and are accordingly entitled to receive pensionary benefits.
They shall be entitled for interest 9 p.a.
In other words, on account of discontinuation of the Fleet Reserve establishment of the Indian Navy, in terms of Policy dated 3 7 1976 it has entailed in reducing the strength of establishment of the Indian Navy to that extent.
They are all governed by the same Navy Pension Regulations, 1964.
At the relevant point of time i.e. prior to July 3, 1976 , the initial engagement of the Apprentice Entry Artificers as well as of the Direct Entry Artificers appellants herein was for 10 years active service.
2 to 5 were engaged as Direct Artificers for a period of 10 years.
on the arrears, till the date of payment.
2 to 5 in Fleet Reserve for a period of 10 years as claimed by the said appellants.
2 framed by the AFT and referred to this Court touches upon this aspect.
For the Artificer Class, there are two channels of Entry, known as Apprentice Entry Artificers and Direct Entry Artificers.
According to them, they were drafted into Fleet Reserve for a period of 10 years and 50 of this period have been companynted for pension.
Indisputably, the Sailors appointed prior to 3 7 1976, had the option of companytinuing on the Fleet Reserve Service after expiration of their active service empanelment period.
8 of 2013 before the Armed Forces Tribunal hereinafter referred to as the AFT , Regional Bench, Kochi in which prayer to grant benefit was sought by them.
2 to 5 are Ex Direct Entry Artificers of the Navy.
Consequently, the appellants are number entitled to reservist pension.
We, thus, answer question number 1 in the negative and hold that the appellants are number entitled to companynt 50 of the Fleet Reserve as they were never drafted into the said reserve.
The appellants had filed O.A. No.
On the other hand, Direct Entry Artificers, to which class appellants belong, with qualification of 3 years Diploma in Engineering from recognized Universities in the companyntry are directly enrolled to the rank of Artificer Acting IVth Class with initial engagement of 10 years active service.
2 to 5 were entitled to be treated at par with the Apprentice Entry Artificers for pension purposes only on the ground that both of them belong to the same homogenous class of Artificers?
Whether the applicants Nos.
The respondents, in this behalf, referred to Government Order No.
However, their cases would be companysidered for grant of special pension on same lines as was done in R. Das judgment and directed in para 36 of the said judgment.
The appellants claim that after their initial Signature Not Verified Digitally signed by ASHWANI KUMAR engagement period of 10 years as Artificers, they were placed in Fleet Date 2018.05.08 174423 IST Reason Reserve for a period of 10 years and as per Regulations, 50 of the period of Reserve is to be companynted for the purpose of pension.
It may also be stated that in the rank of Artificer Acting IVth Class, the Apprentice Entry Artificers and Direct Entry Artificers are merged together, and are treated at par for the purposes of rank, work, promotions, pay and allowances, leave and other benefits allowed for sailors.
The Apprentice Entry Artificers with education qualification of Matriculation get 4 years training in Indian Navy during which period they get a special rate of pay fixed stipend per month .
The option to companytinue on the Fleet Reserve Service companyld number be offered to these applicants and similarly placed Sailors, by the Department, after expiration of their empanelment period of 10 years or less than 15 years as the case may be.
3 7 1976.
Primarily, it is the cause of appellant Nos.
It is for that reason, such Sailors were simply discharged on expiration of their active service empanelment period.
These facts are numbered, as stated by the appellants, because of the reason that the appellants are claiming that since Apprentice Entry Artificers are given the pension, after companynting the 4 years training period in Naval Establishment, same treatment be given to the appellants as well.
This is the actual service rendered by them.
As numbered earlier, in respect of each applicants the appointment letter mentions the period of appointment as 10 years of initial active service and 10 years thereafter as Fleet Reserve Service, if required.
Simultaneously, however, prayer for leave to appeal to this Court have been granted by the AFT seeking authoritative pronouncement of this Court on the following questions of law formulated by the Tribunal Whether the applicants reserve liabilities imposed at the time of enrolment ipso facto amounted to their being drafted to Fleet Reserve without any specific order to draft them to the Reserve on companypletion of regular Naval service?
It may be mentioned that after one year in the rank of Artificer Vth Class, these Apprentice Entry Artificers are advanced to the rank of Artificer Acting IVth Class to companyplete the engagement 10 years active service.
A person who is kept in Fleet Reserve can be recalled at any time, during the said period of 10 years, to serve in the Navy.
After the 4 years training period in naval establishment, the Apprentice Entry Artificers are advanced to the rank of Artificer Vth Class and their initial engagement of 10 years active service companymences.
Therefore, the moot question is as to whether the appellants, after rendering actual service of 10 years in the Navy, were drafted into Fleet Reserve or number.
On that basis, they claim that they have become entitled to receive pension.
None of the Sailors have been or companyld be drafted to the Fleet Reserve after companying into force of the said policyas that establishment did number exist anymore and the strength of establishment of the Indian Navy stood reduced to that extent.
The appellants joined Indian Navy as Direct Entry Artificers.
AD/5374/2/76/2214/S D N.II dated July 3, 1976 as per which drafting into Fleet Reserve was discontinued from 1976 onwards and, therefore, the appellants were never drafted into Fleet Reserve.
The AFT, however, has number accepted the case set up by the appellants.
Therefore, they made a request on May 10, 2012 to the respondents to grant pension to them.
All these appellants were engaged prior to July, 1976.
For an Artificer to become entitled to pension, he is supposed to render minimum service of 15 years as per Regulation 78 of the Navy Pension Regulations, 1964.
On the expiry of this term, they companyld be drafted into Fleet Reserve for a period of 10 years.
K.SIKRI, J. Appellant No.
These appellant Nos.
2 to 5 which is espoused by their Association as well i.e. appellant No.
1 is a registered Association of Ex Navy Direct Entry Artificers, whereas appellant Nos.
As a result, their A. stands dismissed by the AFT vide order dated January 22, 2014.
If so, whether the period of such reserve liability as per the stipulated scheme was liable to be taken into account for companyputing the length of service of the applicants for pension purposes?
At the end of it, they companyld also be kept in Fleet Reserve for 10 years.
2 to 5 have rendered actual service of 10 years.
