Validity of if required clause
mahendrakumar
(Querist) 02 September 2015
This query is : Resolved
an individual joined indian Navy in 1974,signing an enrollment form with the following conditions.
"I xxxxxx understand and accept the teerms and conditions of service in the Navy and I do hereby agreet to serv e honestly and faithfully in the Indian Navy for the term of 10 years from 01 feb 1974 provided my service should be so long required and thereafter for a further period of of 10 years in fleet reserve,if required,"
Now the persion has completed 10 years active service on 31st jan 1984. He was not told at that time,whether he was kept for reserve service for a further period of 10 years from 01 feb 1984.
during 1976,GOI,issued an order stating that,the practice of drafting sailors to reservists have been stopped with effect from 03 jul 1976,however,all those existing reservists till date would be paid the benefits. The sailor was discharged on completion of 10 years on 01 feb 1984.
the sailor's reservist pension claim was denied by the Navy on two grounds.
1. as per his original terms of engagement,his continuation in reservists,is only "if required". since the govt doesnot required you in 1984,you are not entitled for the benefits.
a) can such terms "if required" be a part of an engagement in service agreements with govt,legally valid?
b)in the instant case,the sailor completed his intial terms of agreement on 01 feb 1984,much after the govt stopped the reser vists system and benefits in 1976.however,the sailor was not intimated in 1976,whilst in service or on 01 feb 1984,while on discharge,that,he is not on reservists anymore. The govt order in 1976 says eventhough the system of rtransferring sailors to reservists stopped,all the existing reservists,need not be transferred to reservists,however would be paid the benefits,till they are wasted out.
kindly advise on the above,regarding the legal position of the said ex sailors claim on reservists benefits.
Kumar Doab
(Expert) 01 January 2016
You have posted that:
"however,the sailor was not intimated in 1976,whilst in service or on 01 feb 1984,while on discharge,that,he is not on reservists anymore. "
Were you informed that you were a reservist?
If yes you may have a claim.
You may show all docs on record to an able counsel specializing in labor-service matters and well versed with Navy/Defense service Rules.
