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Supreme Court of India 2016-12-08 disposed

Ved Prakash vs Union of India & Ors

Bench: 3 — L. Nageswara Rao

In Brief

A sailor (D.E.D.H. Electrician) with an initial 10-year engagement in the Indian Navy was offered re-engagement for only 2 years instead of the requested 5 years. The Court held that Navy Order 02/07 para 9(c) requires separate norms for Artificer Cadre sailors but these norms do not exist. Therefore, the Policy of 21.11.2006 (providing 5-year re-engagement till 15 years of service) applies. The sailor satisfied all re-engagement conditions and the authorities erred in limiting him to 2 years. The Court directed 5 years of notional service to be credited, entitling him to all pensionary benefits of a 15-year service member (excluding salary for the notional period).

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Armed Forces Law Military Service Re-engagement Pension Benefits Administrative Law

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