UNION OF INDIA Vs. COMMANDER UDAY DATE

JUDGEMENT

(1.) THESE appeals are filed against the judgment and order dated 5th/6th December, 1996 passed by the learned Single Judge, directing the appellants to grant Certificates of Service as provided under section 80 (1) of the Merchant Shipping Act, 1958 (hereinafter referred to as "the Act"), to the respondents, who have attained the rank of Lieutenant in the Executive Branch of the Indian Navy prior to 14th August, 1986. Section 80 of the Act was deleted from 14th August, 1986. The petitioners in Writ Petition No. 490 of 1997 and Writ Petition No. 924 of 1997 have prayed for grant of similar Certificate of Service.

(2.) THESE appeals and writ petitions involve common questions of law and facts. Contentions raised and submissions made in all these matters are identical. Hence, all these matters are disposed of by this common judgment. For the sake of convenience, we would refer to the facts stated in Appeal No. 149 of 1997.

(3.) THE learned Additional Solicitor-General appearing on behalf of the appellants vehemently submitted that :---