T.S. DAS AND ORS. Vs. UNION OF INDIA AND ANR.
LAWS(SC)-2016-10-78
SUPREME COURT OF INDIA
Decided on October 27,2016

T.S. Das And Ors. Appellant
VERSUS
Union Of India And Anr. Respondents

JUDGEMENT

A.M.KHANWILKAR,J. - (1.) These appeals emanate from the divergent relief claimed by the original applicants before the Armed Forces Tribunal (Appellants in Civil Appeal No. 2147 of 2011 and Respondents in Civil Appeal No. 8566 of 2014), which, however, involve overlapping points for consideration. Hence, we deem it apposite to dispose of both these appeals analogously, by this common judgment.
(2.) Civil Appeal No. 2147 of 2011 arises from an order passed by the Armed Forces Tribunal, Principal Bench, New Delhi, in Original Application No. 182 of 2009 dated 4 th February, 2010. The Tribunal has rejected the claim of the applicants therein for grant of a "Special Pension". In Civil Appeal No. 8566 of 2014 the decision of the Armed Forces Tribunal, Regional Bench, Chennai, in O.A. No.83 of 2013 dated 22nd April, 2013, is challenged by the Union of India. In that case, the Tribunal acceded to the claim of the applicants therein for grant of a "Reservist Pension".
(3.) Admittedly, the applicants before the Tribunal in both cases were appointed as Sailors in the Indian Navy before 1973. The appointment letter noted that the concerned applicant was engaged as a Sailor for 10 years active service and 10 years on Fleet Reserve Services thereafter, if required. The applicants were continued for a brief period beyond the initial term of 10 years in active service/engagement and discharged without drafting them to Fleet Reserve Services. Thus, each applicant was discharged by the Indian Navy after July, 1976, on completion of their active service and was paid gratuity. As the Tribunal granted relief to similarly placed persons by directing the Authorities to grant Reservist Pension/Special Pension, even these applicants moved the Tribunal for a similar relief.;


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