JUDGMENT

Sen, J.-Anuj Kumar Dey, the appellant herein, joined Indian Navy as Artificer Apprentice on 12th August, 1971. On 17th August, 1971 the statutory oath of allegiance was administered to him. He claims that his service in the Indian Navy must be calculated from that date, that is, 17th August, 1971. On 11th August, 1975 the appellant s training as Artificer Apprentice was over. Immediately thereafter, he was advanced to Electrical Artificer Vth Class on 12th August, 1975. Various promotions were given to the appellant thereafter from time to time. On 31st January, 1988 the appellant was released from the Navy. The dispute in this case is about the entitlement of the appellant to get pensionary benefits for his service under the Navy. According to the appellant, he has served the Navy for more than fifteen years which must be counted from 17th August, 1971 when he was administered oath of allegiance. According to the respondents, the four years spent by the appellant as Artificer Apprentice was training period only and, therefore, the service of the appellant commenced only on 12th August, 1975 when he was appointed Electrical Artificer Vth Class, after compl