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.
PARA 25 OPERATIVE PART
Thus understood, all Sailors appointed prior to 3
Rd July, 1976 and whose tenure of initial active service/empanelment period expired on or after 3
Rd July, 1976 may be eligible for a Special Pension under Regulation 95, subject, however, to fulfilling other
requirements. In that, they had not exercised the option to take is discharge on expiry of engagement (as per Section 16 of the Act of 1957) and yet were not and could not be drafted by the competent Authority to the Fleet Reserve because of the policy of discontinuing the Fleet Reserve Service w.e.f. 3rd July, 1976. The cases of such sailors (not limited to the original applicants before the Tribunal) must be considered by the Competent Authority within three
months for grant of a “Special Pension” from three years prior to the date of application made by the respective Sailor and release payment after giving adjustment of Gratuity and
Death-cum-Retirement-Gratuity (DCRG) already paid to them from arrears. They shall be entitled for interest @ 9% P.A. on the arrears, till the date of payment.
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