Q: Elucidate the citation of N. N. Godfred and others vs.Union of India ?

Ans: N.N. Godfred . vs Union Of India And Ors on 11 July, 2018.

The Appellant No. 3 made a representation to the Bureau of Sailors- Respondent No. 3 for a clarification whether Submarine was included for computing the pension payable. Respondent No. 3 rejected the representation stating that Submariners and Aviation Sailors were categorized under the group Other than A, which is lower than Group A, and that the pensionary benefits granted were in order. Armed Forces Tribunal held that submarine pay/allowance could not be counted for purpose of determining pension.

The honourable Supreme Court held while allowing the appeal:

(i) Navy Instruction did not exclude Submarine Pay from the computation of pay for the purpose of calculating Service Pension. It would be instructive to refer to the entries with respect to Aviation Sailors. Navy Instruction specifically excluded Flying Pay from being treated as pay for the computation of pension and gratuity. The submission of the Respondents that Submarine Pay was excluded from the ambit of basic pay as per Special Navy Instruction could not be accepted, since these notifications came into force subsequent to the date of superannuation of the Appellants. These would therefore have no application to the cases of the present Appellants, which were governed by the Navy Instruction issued pursuant to the recommendations of the Third Pay Commission. 

(ii) Therefore, Submarine Pay was includible in pay, for the purposes of computing the Service Pension of the Appellants. 

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