Army recruits released on medical grounds are ex-servicemen: HC
Madurai: Madras High Court has ruled that ex-recruits of the Army, who were boarded out or released on medical grounds and granted medical/disability pension, should be considered as ex-serviceman for all practical purposes including job reservation.
Justice R Mahadevan of the Madurai Bench of the High Court, disposing of a petition by one S Balaji, who was injured during training and released by the Army with pension, directed the Tamil Nadu Public Service Commission Secretary to provide him a job in the Handloom and Textiles department within six months.
The judge said the Ministry of Defence had issued a gazette notification stating that it had been decided such recruits who were boarded out/released on medical grounds and granted Medical and Disability Pension should be covered under the category of ex-serviceman.
Hence, the Director of Ex-serviceman Welfare Board or TNPSC could not deny jobs to the army recruits by quoting an earlier letter written by the Defence Secretary that persons classified as recruits in the defence service were not entitled to claims as ex-serviceman.
The Defence Ministry later had issued a notification stating that injured recruits discharged on medical grounds with pension should be considered ex-serviceman.
The case of the petitioner was he was released on disability ground while receiving trainining and he was entitled for a job under ex-serviceman quota, the judge said.
The court quashed the GO of the Pubic Department (Ex-serviceman) and Director of the Ex-serviceman letter, denying job for the injured recruits, getting disability pension from the Army.
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