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2016 Supreme(SC) 877

T. S. THAKUR, A. M. KHANWILKAR, D. Y. CHANDRACHUD
T. S. Das – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appearing Parties :- Rameshwar Prasad Goyal, Shreekant N. Terdal, Prashant Bhushan, Mrs. Anil Katiyar, Nishe Rajen Shonker, Gajendra Khichi, Atul Kumar, S.K. Verma, Bijup P. Raman, Niranjan Chakraborty, Advocates.

JUDGMENT

A.M. Khanwilkar, J.

These appeals emanate from the divergent relief claimed by the original applicants before the Armed Forces Tribunal (Appellants in Civil Appeal No. 2147 of 2011 and Respondents in Civil Appeal No. 8566 of 2014), which, however, involve overlapping points for consideration. Hence, we deem it apposite to dispose of both these appeals analogously, by this common judgment.

2. Civil Appeal No. 2147 of 2011 arises from an order passed by the Armed Forces Tribunal, Principal Bench, New Delhi, in Original Application No. 182 of 2009 dated 4th February, 2010. The Tribunal has rejected the claim of the applicants therein for grant of a "Special Pension". In Civil Appeal No. 8566 of 2014 the decision of the Armed Forces Tribunal, Regional Bench, Chennai, in O.A. No.83 of 2013 dated 22nd April, 2013, is challenged by the Union of India. In that case, the Tribunal acceded to the claim of the applicants therein for grant of a "Reservist Pension".

3. Admittedly, the applicants before the Tribunal in both cases were appointed as Sailors in the Indian Navy before 1973. The appointment letter noted that the concerned applicant was engaged as a Sailor for 10 years active serv






















































































































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