Supreme Court Urges States/UTs To Consider Reservation For Military Cadets Injured During Training In Quota For Ex-Military Personnel

The Supreme Court today urged the Union of India to frame a scheme for the welfare of cadets outboarded by the armed forces on account of disabilities incurred during military training.A bench of Justice BV Nagarathna and Justice Manmohan called on ASG N Venkataraman (for Union) to obtain necessary instructions, noting that provisions of the Rights of Persons with Disability Act, 2016 may not apply to such cadets, particularly those benchmark disability is less than 40 percent.The Court also directed the respondent-departments to re-consider the recommendations made by the Sabharwal Committee report, keeping in view the fact that the Court has taken up the present case for amelioration of the conditions of outboarded cadets. "We expect that certain favorable recommendations would be emanating from the respondent-departments in this regard", the Court said.Without going into the question of granting status of 'ex-servicemen' to such cadets, what is the best that can be done, the Court posed to the parties. It was orally noted that there should be some level of distinction between cadets who were not commissioned due to their injuries and officers who infact completed their training and got inducted into the forces."Don't expect that you will straightaway be called ex-servicemen for all purposes. You may be referred to as ex-servicemen loosely, but at the same time there should be some distinction no?", Justice Nagarathna remarked, calling for a "realistic extension of benefits" to the cadets. In the order, the Court also said that the States/UTs should consider granting reservation to outboarded cadets in the quota of "ex-military personnel", so that the prospects of employment of such persons in a reserved category would be enhanced.The Court also recorded appreciation for the States/UTs which have considered the outboarded cadets in the category of 'ex-servicemen' for the purpose of employment. It further stated that pendency of the present case shall not come in the way of any writ petition filed before a High Court by an individual. Where such petitions have been disposed of on account of pendency of the present case, the petitioners shall be at liberty to file applications for revival.During the hearing, Amicus and Senior Advocate Rekha Palli argued inter-alia that there is a disparity in ex-gratia payment made to an officer trainee (army cadet) and a jawan trainee/recruit before attestation (army). While the former is given an amount of Rs.12,240 per month (including dearness allowance), the latter gets Rs.18000.ASG Venkataraman, for the Union, informed that pursuant to the Court's order, the Ministry of Defense and Ministry of Finance had filed their affidavits, which state that ECHS benefit has been extended to the cadets and their medical expenses taken care of for their entire life. He further stated that the 8th Pay Commission has been constituted and it would consider enhancement in the rate of ex-gratia payment payable to out-boarded cadets.The ASG contended that liberty could be reserved for the concerned persons to make their representations and ventilate their grievances before the 8th Pay Commission, which would consider the matter from all angles and accordingly enhance the ex-gratia payment paid monthly to outboarded cadets.After hearing the parties, the bench passed the following order,"One other consideration that was taken up today was wrt applicability of the RPwD Act, 2016 to the outboarded cadets. In this regard, it was noted that the provisions of the said Act may not be applicable to the cadets, particularly those whose benchmark disability is less than 40%. Therefore, for those cadets who are nevertheless outboarded and in respect of whom this Act does not apply, a suitable scheme must be prepared and extended to them. Ld. ASG submitted that he would seek instructions on this aspect of the matter. Insofar as Section 34 of the said Act is concerned, where every appropriate government has to make reservation being not less than 4 percent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities, that is, 40 percent and above, we find that outboarded cadets should also be entitled to the said provision and make their applications for employment accordingly."Notably, Justice Nagarathna also remarked that the bench is expecting a higher degree of compassion from the 8th Pay Commission, as it is now headed by a former woman judge (Justice Ranjana Desai).It was also noted that the degree of disappointment faced by the outboarded cadets and their families is very high, as these are competent persons who had high expectations but their dreams got shattered due to unfortunate incidents. As such, the Court instituted the present suo motu case and the authorities may consider what best can be done for them under an appropriate policy.Case : IN RE: CADETS DISABLED IN MILITARY TRAINING STRUGGLE | SMW(C) No....

Supreme Court Urges States/UTs To Consider Reservation For Military Cadets Injured During Training In Quota For Ex-Military Personnel

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Supreme Court Urges States/UTs To Consider Reservation For Military Cadets Injured During Training In Quota For Ex-Military Personnel

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