A.K.SIKRI,J. - (1.) Appellant No. 1 is a registered Association of Ex Navy Direct Entry Artificers, whereas appellant Nos. 2 to 5 are Ex Direct Entry Artificers of the Navy. Primarily, it is the cause of appellant Nos. 2 to 5 which is espoused by their Association as well i.e. appellant No. 1. These appellant Nos. 2 to 5 have rendered actual service of 10 years. For an Artificer to become entitled to pension, he is supposed to render minimum service of 15 years as per Regulation 78 of the Navy (Pension) Regulations, 1964. The appellants claim that after their initial engagement period of 10 years as Artificers, they were placed in Fleet Reserve for a period of 10 years and as per Regulations, 50% of the period of Reserve is to be counted for the purpose of pension. On that basis, it is claimed that 5 years period of Reserve would enure to their benefit and on adding this period of 5 years with actual service of 10 years, it is to be treated that they have rendered 15 years of service and are accordingly entitled to receive pensionary benefits. The respondents deny the placement of appellant Nos. 2 to 5 in Fleet Reserve for a period of 10 years as claimed by the said appellants. Therefore, the moot question is as to whether the appellants, after rendering actual service of 10 years in the Navy, were drafted into Fleet Reserve or not.
(2.) The appellants had filed O.A. No. 8 of 2013 before the Armed Forces Tribunal (hereinafter referred to as the 'AFT'), Regional Bench, Kochi in which prayer to grant benefit was sought by them. The AFT, however, has not accepted the case set up by the appellants. As a result, their O.A. stands dismissed by the AFT vide order dated January 22, 2014. The appellants thereafter filed review petition seeking review of that judgment which was also dismissed by the AFT on March 25, 2014. Simultaneously, however, prayer for leave to appeal to this Court have been granted by the AFT seeking authoritative pronouncement of this Court on the following questions of law formulated by the Tribunal: "(1) Whether the applicants' reserve liabilities imposed at the time of enrolment ipso facto amounted to their being drafted to Fleet Reserve without any specific order to draft them to the Reserve on completion of regular Naval service? If so, whether the period of such reserve liability as per the stipulated scheme was liable to be taken into account for computing the length of service of the applicants for pension purposes (2) Whether the applicants Nos. 2 to 5 were entitled to be treated at par with the Apprentice Entry Artificers for pension purposes only on the ground that both of them belong to the same homogenous class of Artificers
(3.) Both these orders passed in O.A. as well as in review petition have been assailed by the appellants by way of instant appeal preferred under Section 30 of the Armed Forces Tribunal Act, 2007.;