In Brief
Ex-Navy Direct Entry Artificers who had rendered 10 years of active naval service sought pension, claiming that they were thereafter placed in Fleet Reserve for a further 10 years and should therefore be entitled to pension on counting 50% of the reserve period. The Supreme Court held that placement in Fleet Reserve is not automatic but requires a specific order by the competent authority. Since no such order was issued to these appellants (particularly after the Government policy of July 3, 1976 discontinued Fleet Reserve transfers), they were not entitled to count reserve service toward pension. The Court rejected their parity argument with Apprentice Entry Artificers, whose pension eligibility arose from a different statutory benefit. However, the Court directed that their cases be considered for special pension under Regulation 95. Appeal dismissed on the main issue, but with a direction for consideration of special pension relief.
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