NIRVAIR SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This group of petitions is filed by the petitioners who were appointed as Boys or Artificer Apprentices in the Indian Navy praying that (i) the order dated 19th Dec. 1989 discharging them from service is illegal and be set aside; (ii) the Respondents be directed to include and calculate the period of four years training from the date of enrolment and taking oath of allegiance for the purpose of determining the total length of minimum service for grant of pension and death-cum-gratuity; (iii) to quash and set aside Regulation 79(i)(ii) of the Pension Regulation, 1964; and that (iv) the Respondents be directed to continue the petitioners in service for one year or for the necessary period to complete the minimum qualifying service period of 15 years for the payment of pensionary and death-cum-gratuity benefits in terms of Regulations 78 and 79 of the Pension Regulations, 1964. It is also prayed that pending the hearing and final disposal of the Petition, the Respondents be restrained from acting upon and/or giving effect to the certificate of discharge issued in the month of Dec. 1989.

(2.) At the time of admission of the Petitions, Court has refused interim relief with liberty to the petitioners to take out fresh Notices of Motion in the light of the Supreme Court judgment as and when given.

(3.) In the year 1990, at the relevant time, the controversy was whether the petitioners were entitled to get pensionary benefits by including their services under the Navy for the years spent by them as Artificer Apprentice, which was considered by the Respondents as the training period only. The view taken by the Respondents was that petitioners were not entitled to get benefit of training periods for computing the qualifying period of service for getting pension.