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Supreme Court of India

MALKIAT SINGH KHELA vs UNION OF INDIA on 22 January, 2013

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C.A. No.-000713-000713 - 2013Official PDFBench Handyala Lakshminarayanaswamy Dattu, Ranjan GogoiAdvocates ARUN K. SINHA | ANIL KATIYAR
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 713 OF 2013
(@ SPECIAL LEAVE PETITION (C) NO.9608 OF 2009)
LT.CDR.MALKIAT SINGH KHELA (RETD.) APPELLANT
VERSUS
UNION OF INDIA & ANR. RESPONDENTS
O R D E R

10.We have heard Shri Ashok Kumar Gupta, learned senior

counsel appearing for the appellant and Shri Paras Kuhad,

learned Additional Solicitor General appearing for the

respondents.

11.Shri Gupta would submit that the imposition of punishment

in terms of “forfeiture of seniority in rank” would not

amount to “forfeiture of service” of the appellant and,

therefore, the period of service of the appellant must be

calculated as 20 years instead of 17 years entitling him for

the grant of pensionary benefits.

12.Section 81 of the Act provides for the various type of

punishments that can be imposed under the Act. Clause (f)

speaks of forfeiture of seniority in rank in the case of

officers and master chief petty officers and clause (l)

speaks of severe reprimand or reprimand.

13.Section 82 of the Act provides provisions as to award of

punishment. Sub-Section (12) of Section 82 is relevant for

the purpose of disposal of this appeal. It is as under:

“Section 82 provides as to award of punishment:-

x x x x x

x x x x x

(12) The punishment of forfeiture of seniority

shall involve the loss of the benefit of service

included in the seniority forfeited for the

purposes of pay, pension, gratuity, promotion and such other purposes, as may be prescribed,

provided that such pay, pension, gratuity and

promotion and other purposes depend upon such

service.”

14.After noticing sub-section (12) of Section 82, Appendix

III framed under Regulation 20 of the Navy (Pension)

Regulations, 1964 (“the Regulations” for short), which

provides for qualifying service for grant of pension to the

officers of general list, also requires to be noticed by us.

The relevant clauses in Appendix III are clause (1) and its

proviso is under:

“(1)Commissioned service.- Period of service as a

permanent commissioned officer and, if it is

preceded without a break, by service of one or

more of the following categories subject to the

refund to Government of the gratuity, if any,

other than war gratuity, received in respect of

such service namely:-

(a) Service as commissioned officer in the Army,

Indian Navy or Air Force, irrespective of the type

of commission;

(b) Mobilized commissioned service in the

Indian Naval Reserve/ Indian Army in India Reserve

of officers or called up commissioned service in

the Indian Air Force Volunteer Reserve;

(c) Embodied or called out commissioned service

as an officer of the late Indian Territorial Force

or of the late Auxiliary Force (India) or of the

Territorial Army [or the Auxiliary Air Force]

Provided that -

(a) Any service which was forfeited for seniority,

and

(b) Any period of unauthorized absence unless pay

and allowance are admitted for the period of

absence shall not be regarded as qualifying

service.”

15.It is neither in dispute nor can it be disputed by the

appellant that an order of punishment was passed by the JUDGMENT disciplinary authority for violation of the orders issued by

the Western Naval Command and the punishments so imposed

therein was forfeiture of 36 months seniority in the rank of

Lieutenant Commander and severe reprimand.

16.The language employed in the aforesaid provisions which

we have noticed earlier clearly envisages that for the

purposes of calculating the pensionary benefits, the

qualifying service would exclude the period of service which

was forfeited under Section 82(f)(l) of the Act.

17.In the instant case though the appellant has completed 20

years of service, but in view of sub-section (12) of Section

82 of the Act, the imposition of forfeiture of seniority

would involve loss of benefit of service. This means that

in view of the punishment imposed by the respondents, he

would lose three years of the benefit of service. In other

words, that his total tenure of service would be only 17

years of service out of the statutory requirement of 20

years. However, while calculating the qualifying service,

the respondents had committed a mistake which they have

rectified after complying the requirements under the

Statute.

18.In our considered view, all these provisions and facets

of the matter have been taken note of by the High Court

while dismissing the Writ Petition filed by the appellant JUDGMENT and, upon due consideration of the matter, we are in full

agreement with the reasoning and conclusion reached by the

High Court in the impugned judgment and order.

19.Accordingly, we dismiss this appeal.

Ordered accordingly.

(H.L. DATTU)