In Brief
The Court examined whether Indian Navy sailors appointed before 1973 are entitled to Reservist Pension or Special Pension following discontinuation of the Fleet Reserve Service in 1976. The Court held that transfer to Fleet Reserve Service requires an express order from the competent authority and is not automatic merely because the appointment letter mentioned it. Sailors were not entitled to Reservist Pension under Regulation 92 without actual drafting to the Fleet Reserve. However, sailors appointed before July 1976 whose active service ended after that date may be eligible for Special Pension under Regulation 95 as the discontinuation constituted a reduction in naval establishment strength.
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