COMMANDER UDAY DATE Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether naval officers who have attained the rank of lieutenant in the executive branch of the Indian Navy are entitled to a certificate of service as the master of a foreign going ship without examination under section 80(1) of the Merchant Shipping Act, 1958 (Act for short) after repeal of the said section on 14th August, 1986, is the short but interesting question which falls for my consideration in this group of writ petitions under Article 226 of the Constitution.

(2.) The facts are simple and very shortly stated. The petitioners are naval officers serving in the executive branch of the Indian Navy. The petitioners have attained the rank of lieutenant in the executive branch of the Indian Navy long prior to repeal of section 80(1), which provided for grant of a certificate of service as the master of a foreign going ship without appearing for the examination if the concerned officer has attained the rank of lieutenant in the executive branch of the Indian Navy. It may not be out of place to take note of the fact that some of the petitioners have been further promoted as Lt. Commander in Indian Navy and atleast in one case the officer has even reached the rank of commander. According to the petitioners they are all experienced Naval officers and have on several occasions commandeered foreign going ships. Their contention is that they are entitled to a certificate as master of the ship without examination under section 80 of the Act as it stood prior to its repeal since they had acquired the rank of lieutenant prior to the repeal of the section.

(3.) With a view to appreciate the case of the petitioners, it will be necessary to refer to the relevant provisions of the Act. Chapter VI of the Act deals with grant of certificates to officers like masters, mates, engineers, skippers etc. Section 76 provides that every Indian ship, other than a Home-trade ship of less than 200 tonnes gross engaged in coasting trade of India, when going to see from any port or place, shall be provided with officers duty certificate under the Act according to the scales laid down in that section. Section 78 then lays down different grades of certificates of competency and section 79 deals with examinations for and grant of certificates. Section 80 with which we are mainly concerned deals with certificates of naval officers and reads as follows :