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2018 Supreme(SC) 455

A.K.SIKRI, ASHOK BHUSHAN
EX NAVY DIRECT ENTRY ARTIFICERS ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

A.K.SIKRI, J.

Appellant No. 1 is a registered Association of Ex Navy Direct Entry Artificers, whereas appellant Nos. 2 to 5 are Ex Direct Entry Artificers of the Navy. Primarily, it is the cause of appellant Nos. 2 to 5 which is espoused by their Association as well i.e. appellant No. 1. These appellant Nos. 2 to 5 have rendered actual service of 10 years. 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. The appellants claim that after their initial engagement period of 10 years as Artificers, they were placed in Fleet Reserve for a period of 10 years and as per Regulations, 50% of the period of Reserve is to be counted for the purpose of pension. 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. The respondents deny the placement of appellant Nos. 2 to 5 in Fleet Reserve for a period of 10 years as claimed by the said appellants.








































































































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