(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 conditons attached there to under the regulations and under the regulations and orders applicable immediately before the above date.
TABLE Serial No Description of former service Extent to which former service qualifies for pension of gratuity Conditions to be fulfilled
(1)
(2) (3) (4)
1. Service as continuous service sailor Qualifies for pension or gratuity in full
(a) If discharged from former service voluntarily or on invaliding – conditions 1,2,3
(b) If discharged from former service on public grounds such as reorganization or reduction in ship/ Establishment Conditions 1 and 3
(c) If discharged from former service on war engagement or reduction of establishment or demobilization; conditions 1 and 3
2. Service as special service sailors.
(a) For service pension or gratuity All qualifying service as a Special Sailor in full and qualifying service in the reserve to the extent authorized under specific Government orders.
(a) (i) If discharged from former service voluntarily or on invaliding; and (ii) either, re-enrolled as Special Service Sailor within three years of the discharge.
(iii) Or, if after leaving service as Special Services Sailor is transferred to the Reserve without a break and re-enrolled within five years of date of transfer to the reserve-Conditions 1,2 and 3.
(b) If discharged from former service on public grounds such as re-organization or reduction in ship or establishment; and reenrolled within three or five years as the case may be – Conditions 1 and 3 Conditions 1, 2 and 3
(b) For reservist Pension All qualifying service as Special Services Sailor or Reserve Service in full.
3. Service as a continuous service sailor and reserve service in the case of reservists (other than pensioner reservists) recalled to service in the Indian navy and discharged therefrom.
(a) For service pension or gratuity. Qualifying service as continuous service sailor in full and qualifying service in the reserve to the extent authorized under specific Government orders.
(b) For reservist pension All qualifying service as continuous service sailor or reserve service in full.
4. Service in the Army or Air Force.
To the extent that such service qualifies for the grant of pension or gratuity Conditions 1,2 and 3 but Conditions 2 will not apply if it would not have applied, had the individuals been re-enrolled in the Army under the pension Regulations for the Army and Air force, as the case may be.
or Air Forces 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 conditions 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 reenrolment.
(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.