VidhiSangh

Supreme Court of India · 07/11/2019

UNION OF INDIA & ORS. versus V. R. NANUKUTTAN NAIR

[2019] 14 S.C.R. 78 · 2019 INSC 1220

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Summary

A sailor discharged after completing his engagement, with less than fifteen years’ service and a service-related disability, received disability element but was denied service element of disability pension. Construing the Navy Pension Regulations harmoniously, the Court upheld his entitlement to service element despite the shortfall in ordinary pensionable service.

Issues

  1. Whether a sailor completing his engagement in a low medical category requires fifteen years’ qualifying service to receive service element of disability pension.
  2. How the disability-pension provisions should be reconciled with ordinary qualifying-service requirements.

Provisions considered

Held

Result

Appeals dismissed. The Union was directed to pay service-element arrears in accordance with the Tribunal’s directions, preferably within four months of the judgment.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 78.