Good morning everyone. Posted here is a write up from pt HS Sarkar on another artificer group. Just for information please. - Today I will share with you all the story behind our 4 years of apprenticeship getting counted. I had a very bad SD in the indian navy abd mostly i was responsible for that. My request for 4 years extension was denied on my record. I had represented upto CNS but to no avail. So in 1991 onwards this had been going on. In 1992, i had an uncertain future and back home my condition was very bad with three sisters to be married, my father being a primary school teacher. I was in desperate condition. I have seen in news papers that Adm. Vishnu Bhagbat had filed a petition in high court against IN. Prior to that many cases had been there in various courts in india by our Artificer fraternity including our Avinash Kumar and party. We have variously contributed to some of those cause. I have approached an advocate at Visakhapatnam without telling anyone. Through him another Andhra High court was approached and a petition was filed by me silently and without anyone's knowledge. I thought if an Admiral can go to court why not an Artificer. Also I had no other option and nothing to loose. In 1993 i had been given a farewell party at Satavahana. Till then nothing came of my case. I took my wife to Araku for a last Vizag outing around 27th December in preparation with my release. My genform for CAB's was ready. On the way to Araku, my advocate informed me that I have got a stay order from the Hyderabad High court. I returned immediately cutting short my trip straight to my Vizag Advocate. He wrote me in his letterhead addressing the C in C, ENC, that high court have stayed my release. Next morning I came to Satavahana and gave that letter to my D.O and Ex.O who went to C.O. They were busy for 2 hours discussing and sending signals to NHQ. By the afternoon, signal received from NHQ, Retain sailor till further order. My genform to CAB's was cancelled. And I stayed back in Navy. After two and half years of stay orders, my judgement came. Actually all the earlier cases we had been demanding that 4 years should be counted. And Navy was bullshitting with 'able seaman', 'stipend' and such words and Tact's. First time my advocate told the court, we are not interested in these things. You might have given him stipend and not salary. May be he was not able seaman. But he signed for 15 years. And you say that you are releasing him after 15 years. So give him pension and send. If you say these 4 years are not counted than automatically he stays for another 4 years. You cannot count 4 years for some purpose and not count for some according to your convenience is against natural justice. Therefore, we order you to release him with pension within a month. Again I had been issued with a genform to cabs and given a farewell party at Virbahu. I came home with genform to report to CAB for release. After one hour one LPM came to my Qtr asking me to report back to Virbahu. I came back around 6 pm. Ex.O and R.O was waiting for me. They took back my Gx. Ex.O told me Sarkar, we are very sorry for the trouble but you will be our guest for some more time. Because, NHQ realised that if they release me now they will have to accept the judgement and admit defeats. They gave orders to retain me. Navy went to Supreme Court. In the meantime so many Artificers came to know about my judgement and approached Hyderabad high court and quoting my order got similar relief. Supreme Court, where many cases were already pending including Avinash Kumar's, asked Hyderabad high court to send my case to them when Navy went there. For about 20 months it was in supreme court. Chief Justice was Verma from MP. He upheld the Hyderabad high court judgement. Navy filed a review petition against that. In the meantime CNS, who was a submariner transferred me to NAI, Jabalpur to isolate me. Supreme court rejected the review petition of navy summarily in May 1997. I had been asked to report to CAB for 2 days and within 2 days I had been released. This the story behind our 4 years of apprenticeship getting counted and thousands of my partner's are getting the pension for those 4 years. As many of you were not connected with me for long and didn't know the facts, i thought of sharing this in brief.
raj Raj
Share

Prtnr Hs Sarkar A/71

261 views

Good morning everyone. Posted here is a write up from pt HS Sarkar on another artificer group. Just for information please. - Today I will share with you all the story behind our 4 years of apprenticeship getting counted. I had a very bad SD in the indian navy abd mostly i was responsible for that. My request for 4 years extension was denied on my record. I had represented upto CNS but to no avail. So in 1991 onwards this had been going on. In 1992, i had an uncertain future and back home my condition was very bad with three sisters to be married, my father being a primary school teacher. I was in desperate condition. I have seen in news papers that Adm. Vishnu Bhagbat had filed a petition in high court against IN. Prior to that many cases had been there in various courts in india by our Artificer fraternity including our Avinash Kumar and party. We have variously contributed to some of those cause. I have approached an advocate at Visakhapatnam without telling anyone. Through him another Andhra High court was approached and a petition was filed by me silently and without anyone's knowledge. I thought if an Admiral can go to court why not an Artificer. Also I had no other option and nothing to loose. In 1993 i had been given a farewell party at Satavahana. Till then nothing came of my case. I took my wife to Araku for a last Vizag outing around 27th December in preparation with my release. My genform for CAB's was ready. On the way to Araku, my advocate informed me that I have got a stay order from the Hyderabad High court. I returned immediately cutting short my trip straight to my Vizag Advocate. He wrote me in his letterhead addressing the C in C, ENC, that high court have stayed my release. Next morning I came to Satavahana and gave that letter to my D.O and Ex.O who went to C.O. They were busy for 2 hours discussing and sending signals to NHQ. By the afternoon, signal received from NHQ, Retain sailor till further order. My genform to CAB's was cancelled. And I stayed back in Navy. After two and half years of stay orders, my judgement came. Actually all the earlier cases we had been demanding that 4 years should be counted. And Navy was bullshitting with 'able seaman', 'stipend' and such words and Tact's. First time my advocate told the court, we are not interested in these things. You might have given him stipend and not salary. May be he was not able seaman. But he signed for 15 years. And you say that you are releasing him after 15 years. So give him pension and send. If you say these 4 years are not counted than automatically he stays for another 4 years. You cannot count 4 years for some purpose and not count for some according to your convenience is against natural justice. Therefore, we order you to release him with pension within a month.
Again I had been issued with a genform to cabs and given a farewell party at Virbahu. I came home with genform to report to CAB for release. After one hour one LPM came to my Qtr asking me to report back to Virbahu. I came back around 6 pm. Ex.O and R.O was waiting for me. They took back my Gx. Ex.O told me Sarkar, we are very sorry for the trouble but you will be our guest for some more time. Because, NHQ realised that if they release me now they will have to accept the judgement and admit defeats.
They gave orders to retain me. Navy went to Supreme Court. In the meantime so many Artificers came to know about my judgement and approached Hyderabad high court and quoting my order got similar relief. Supreme Court, where many cases were already pending including Avinash Kumar's, asked Hyderabad high court to send my case to them when Navy went there. For about 20 months it was in supreme court. Chief Justice was Verma from MP. He upheld the Hyderabad high court judgement. Navy filed a review petition against that. In the meantime CNS, who was a submariner transferred me to NAI, Jabalpur to isolate me. Supreme court rejected the review petition of navy summarily in May 1997. I had been asked to report to CAB for 2 days and within 2 days I had been released.
This the story behind our 4 years of apprenticeship getting counted and thousands of my partner's are getting the pension for those 4 years. As many of you were not connected with me for long and didn't know the facts, i thought of sharing this in brief.

Added to Partners Artificiers — 4 years ago

In this album