ANUJ KUMAR DEY AND ANR. versus UNION OF INDIA AND ORS.

ANUJ KUMAR DEY AND ANR. versus UNION OF INDIA AND ORS.

The factual and statutory context leaves no doubt that the appellant, even during the period he was working as Artificer Apprentice, was in the service of Navy as a Sailor, and is entitled to count the period of training for purposes of pension, thus qualifying for pensionary benefits.

Parties
Appellant: Anuj Kumar Dey; Respondent: Union of India; Petitioner: Petitioners in W.P. Nos. 831/93, 293, 752 and 601/94
Jurisdiction
India
Judgment Date
28 November 1996
Procedural Posture
Civil Appeal and Writ Petitions / Appeal From High Court Judgment and Original Petitions
Outcome
Appeal and Petitions allowed. Judgment of Delhi High Court set aside.
Legal Topics
Navy Pensions, Service Period Computation
Service Law Navy Pensions Service Period Computation

Case Brief

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Parties

Anuj Kumar Dey

Appellant

Union of India

Respondent

Petitioners in W.P. Nos. 831/93, 293, 752 and 601/94

Petitioner

Procedural Posture

Civil Appeal and Writ Petitions / Appeal From High Court Judgment and Original Petitions

Legal Issues

  1. 1 Whether period of training as Artificer Apprentice is to be counted for qualifying period for pension under Navy service

Ratio Decidendi

The factual and statutory context leaves no doubt that the appellant, even during the period he was working as Artificer Apprentice, was in the service of Navy as a Sailor, and is entitled to count the period of training for purposes of pension, thus qualifying for pensionary benefits.

Court Disposition

Appeal and Petitions allowed. Judgment of Delhi High Court set aside.

Orders

  • The appeal is allowed.
  • Judgment of Delhi High Court dated 17th July, 1991 is set aside.