EX NAVY DIRECT ENTRY ARTIFICERS ASSOCIATION & ORS. versus THE UNION OF INDIA & ORS.

Citation: [2018] 4 S.C.R. 373 · Decided: 08-05-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Dismissed

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Judgment (excerpt)

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EX NAVY DIRECT ENTRY ARTIFICERS ASSOCIATION
& ORS.
v.
THE UNION OF INDIA & ORS.
(Civil Appeal No. 6785 of 2014)
MAY 08, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Armed Forces:
Navy (Pension) Regulations, 1964 – Regns. 78 and 269 –
Direct Entry Artificers of Navy – Pension – Entitlement of –
Requirement of rendering of minimum service of 15 years – On facts,
appellants engaged as Direct Entry Artificers prior to July 1976 –
Claim of appellants 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
which is 5 years, to be counted for pension, thus, rendered 15 years
of service to receive pensionary benefits – Respondents denied
placement of appellants’ in Fleet Reserve for a period of 10 years –
Held: As stipulated in Reg 269, liability to serve in the Fleet Reserve,
if required, is only when such a Sailor is drafted into Fleet Reserve
– There has to be a positive act of enrolment in the Fleet Reserve –
Person who is enrolled as Artificer in the Indian Navy and
completes 10 years’ of service, cannot presume that he stands
automatically enrolled in Fleet Reserve – On facts, no promise held
out to the appellants that after the completion of continuous
service of 10 years as Sailors, they would be drafted into Fleet
Reserve – Even prior to the promulgation of policy for
discontinuance of drafting into Fleet Reserve from 1976,
respondent were clearly at liberty to decide if a Sailor is to be
enrolled into Fleet Reserve or not – Further, in the absence of any
such assurance of enrolment of drafting into Fleet Reserve, at the
time of initial recruitment, the Principle of Promissory Estoppel
cannot be invoked – Thus, appellants not entitled to count 50% of
the Fleet Reserve as they were never drafted into the said reserve –
They are not entitled to reservist pension – However, their cases
  [2018] 4 S.C.R. 373
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SUPREME COURT REPORTS
[2018] 4 S.C.R.
would be considered for grant of special pension – Further,
appellants not entitled to be treated at par with the Apprentice
Entry Artificers for pension purposes.
Dismissing the appeal, the Court
HELD: 1.1 Once a person is enrolled as Sailor/Officer in
the Indian Navy, he is liable to serve in the Indian Navy or in the
Indian Naval Forces, as the case may be, until he is discharged,
dismissed with disgrace, retired, permitted to resign or released.
In the event of discharge, dismissal etc, i.e., at the time of
severance from Naval service, every sailor has to be furnished
with a certificate in his mother tongue and also in English language.
Such a certificate states the authority terminating his services;
the cause of such termination; and the full period of service in
the Indian Navy and the Indian Naval Reserve Forces. In order
to become qualified to receive service pension, minimum service
of 15 years is required. [Para 19][388-B-D]
1.2 Calculating the qualifying period for the purpose of
pension and gratuity, entire service from the date of enrolment
or advancement to the rank of ordinary seaman or equivalent till
the date of discharge is to be counted. Thus, whereas full
continuous service in the Navy is to be reckoned for pension,
insofar Fleet Reserve is concerned those who are drafted
thereinto are entitled to count 50% of the period of Fleet Reserve
as reckonable service towards pension. [Para 20][388-E-F]
1.3 Insofar as, drafting into Fleet Reserve is concerned,
Regulations in respect thereof provide as under: (i) Those Sailors
who are having 10 years’ service as Sailors are eligible for drafting
in Indian Fleet Reserve; (ii) As per Regulation 269, those who
have rendered 10 years’ service, their service is to be treated as
continuous service. This Regulation further provides that
continuous service of Sailors of all branches shall be liable, if
required, for a further 10 years’ service in the Indian Fleet
Reserve; (iii) Regulation 4 of the Regulations for Indian Fleet
Reserve lays down qualification criteria in respect of character,
efficiency, medical status and age for joining the Fleet Service,
which means only those who fulfill qualifications contained in
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Regulation 4 can be considered for drafting into Fleet Reserve.
Further, Regulation 6 specifically declares that no person can
join the Fleet Reserve as a matter of right. The manner of
enrolment is mentioned in Regulation 11,

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