BRAHAMANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE. Respondents waive service. By consent, Rule made returnable forthwith.

(2.) THESE petitions involve common question of law and fact. They were heard together and are being disposed of by this common judgment.

(3.) WHETHER Regulation 85 of Pension Regulations (Navy) 1964, providing condonation upto 3 months service for Sailors to earn rank pension except in case of voluntary retirement, would contemplate a situation where upon expiry of initial engagement, the concerned Sailor does not agree or express his unwillingness for further reengagement is the issue in these petitions. Regulation 85 reads thus:-"85. Condonation of deficiency of service in a particular rank - A competent authority may, depending on the circumstances of the case, condone a deficiency of service in a particular rank not exceeding three months, except on voluntary retirement.