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Union of India - Section

Section 83 in The Navy (Pension) Regulations, 1964

83. Counting of former service for pension and gratuity.

(1)In the case of sailors who have to their credit former service of the nature specified in column 2 of the table below and who had not been dismissed from their former service, a competent authority may, if they are re-employed, permit them to count their former service towards pension and gratuity to the extent specified in column 3 of that table, subject to the fulfilment of the conditions specified in column 4 thereof.Explanation. - Sailors who were in re-employment on the date of coming into force of these Regulations shall continue to be entitled to the benefit of counting of former service subject to the fulfilment of the conditions attached thereto under the regulations and orders applicable immediately before the above date.Table
SerialNo. Descriptionof former service Extentto which former service qualifies for pension or gratuity Conditionsto be fulfilled
1 2 3 4
1.Service as continuous service sailor   Qualifiesfor pension or gratuity in full (a)If discharged from former service voluntarily or oninvaliding-Conditions 1, 2 and 3
      (b)Ifdischarged from former service on public grounds such asreorganisation or reduction in ship/ Establishment. Conditions 1and 3
      (c)If discharged from former service on war engagement or reductionof establishment or demobilisation; Conditions 1 and 3
2.Service as special service sailors.   (a)For service pension or gratuity. (a)(i) If discharged from former service voluntarily or oninvaliding; and
    Allqualifying service as a Special Service Sailor in full andqualifying service in the reserve to the extent Special ServiceSailor authorised under specific Government orders. (ii)either, re-enrolled as Special Service Sailor within three yearsof the discharge;
    (b)For reservist Pension. All qualifying service as Special ServiceSailor or Reserve Service in full. (iii)Or, if after leaving service as Special Service Sailor istransferred to the Reserve without a break and re-enrolled withinfive years of date of transfer to the reserve-Conditions 1, 2 and3.
      (b)Ifdischarged from former service on public re-or reduction in shipor establishment; and re-enrolled within three or five years asthe case may be-Conditions1 and 3.
3.Service as a continuous service sailor and reserve service in thecase of reservists (other than pensioner reservists) recalled toservice in the Indian Navy and discharged therefrom.   (a)For service pension or gratuity.Qualifyingservice as continuous service sailor in full and qualifyingservice in the reserve to the extent authorised under specificGovernment orders. Conditions1, 2 and 3
    (b)For reservist pension. All qualifying service as continuousservice sailor or reserve service in full.  
4.Service in the Army or Air Force.   Tothe extent that such service qualifies for the grant of pensionor gratuity under the pension Regulations for the Army or AirForce, as the case may be. Conditions1, 2 and 3 but Conditions 2 will not apply if it would not haveapplied, had the individuals been re-enrolled in the Army or AirForce.
The Conditions 1, 2 and 3 referred to in column 4 of the table are as follows :-Condition 1 - At the time of re-enrolment, the individual shall have declared the former service and cause of discharge therefrom and elected to count that service towards pension or gratuity. The election once made shall be final.Condition 2 - After re-enrolment, the sailor shall have completed any consecutive period of three years service within which his character has not been assessed at less than "Good" and he has not had a court martial conviction.In the case of sailors transferred to the reserve before completing three years' service since re-enrolment the period of three years for the purposes of this condition may be either wholly or partly with the reserve.Condition 3 - The sailor shall have refunded any gratuity, other than war gratuity, received in respect of his former service within a period of three years from the date of his re-enrolment in not more than thirty-six monthly instalments from his pay. The first instalment of such refund shall be payable within three months from the date of re-enrolment.
(2)Notwithstanding anything in sub-regulation (1), in the case of a sailor invalided from service, the competent authority may waive conditions 2 and 3.