(1.) Two questions arise in this appeal and they are:-(1) Has the respondent sufficient service qualifying for pension; and (2) if the answer to the 1st question is: no,-are the appellants estopped from contending that weightage included in the standard rate of pension is to be excluded in determining his pension entitlement at the end of 20 years for reckoning his pro rata pension.
(2.) The first question is to be examined with reference to the Navy (Pension) Regulations, 1964 made under S.184 of Navy Act, 1957. Regulation.18 to 20, 22 and 23 are the material provisions. Regulation.18 to 20 are as follows:-
(3.) Admittedly the respondent is not a 'late entrant' as defined in Regulation.13(a) and has no twenty years service as specified in Appendix III mentioned in Regulation.20 he has only 19 years and 33 days service. Therefore, the appellants contend that the respondent has no minimum period of service qualifying for pension required under Regulation.19.