GURUMUKH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. By consent heard forthwith.

(2.) Petitioners have served in the Indian Navy as Sailors. They have been discharged from service on compassionate grounds. In terms of Regulation 78 of the Navy (Pension) Regulations, 1964, hereinafter referred to as "the Pension Regulations", unless otherwise provided the minimum service which qualifies for service pension is 15 years. None of the petitioners have put in 15 years, but all of them have put in 14 years or more. Regulation 82 confers power to condone deficiency in qualifying service upto one year in each case, except the three categories set out therein. By the present petition, the petitioners are challenging the validity of pension Regulation 82(a). Regulation 82(a) is in respect of a sailor who is discharged at his own request. It is the case of the petitioners that once a person joins the services of the Indian Navy the sailor has to be enlisted initially as a sailor for a period of 10 years. Under the provisions of the Navy Act, 1957, Section 14, Officers and Sailors shall be liable to serve in the Indian Navy or the Indian Naval Reserved Force as the case may be, until they are duly discharged, dismissed, dismissed with disgrace, retired, permanently to resign or released. No officer is at liberty to resign his office except with the permission of the Central Government and no sailor shall be at liberty to resign his post except with the permission of the prescribed officer. The acceptance of any resignation shall be a matter within the discretion of the Central Government or the officer concerned as the case may be. Officers who have retired or permitted to resign are liable to be recalled to Naval Service in any emergency in accordance with Regulations made under the Act. There are various modes of discharge from the Naval Services. One of the modes is under Regulation 280 which reads as under:

(3.) Petitioners were initially engaged for a period of 10 years. In addition they had put in training period of 4 years as Artificer Apprentice. By letter dated 17.2.1998 the Government of India issued instructions for counting the full 4 years training period as Artificer Apprentice towards qualifying service for service pension. In the year 2000, Government of India, Ministry of Defence issued a directive dated 13.4.2000 to extend the benefit of service rendered as a Boy (i.e. service rendered prior to attaining the age of 17 years) for pension and gratuity. Eligible petitioners as such are entitled to count their period of service as Boys as well as Artificer Apprentice service for counting the period for service pension. After counting those periods they are still deficient by less than one year to earn service pension. Deficiency period can be condoned by the Competent Authority under Regulation 82 of the Pension Regulations. Deficiency upto 180 days is condoned by the Commodore, Bureau of Sailors and deficiency from 181 days upto 365 days is condoned by NHQ(COP). Regulation 82 reads as under: