Giving Justice For Military Disabled Cadets : MVI Special Report
- Ankur Chaturvedi (Ex NDA)
- 20 hours ago
- 4 min read
Updated: 1 hour ago
Editor's Note
This special report by MVI is based on several facts and data received from Shri Ankur Chaturvedi ,the lone crusader for 500 plus disabled, medically boarded out cadets from various elite military officer training academies . This figure of 500 plus disabled cadets is for the period 1984- 2025,i.e. past 40 years ! Several of these affected Cadets have individually fought for justice for the last 3-4 decades but sadly failed . Over the past 15 years this case for medically disabled , boarded out cadets has been positively taken up with the Govt by the training academies themselves ,the three services and also by the MoD at the behest of the former Raksha Mantri Shri Manohar Parrikar . The case has also come up as 'Questions raised in Parliament' on numerous ossasions . However, due to some apparently frivolous reasons and petti mindedness on the part of our 'system' the acceptance of the recommendations of our armed forces for these 500 plus affected has been turned down .Hence,there is now an imperative need for the honourable PM to step in and give the long awaited justice to these cadets. The grant of justice to these cadets at this juncture , will be seen as a magnanimous gesture on the part of our PM and present governance system and would surely bring the much needed relief to the affected cadets . More importantly , it will convey to the nation that the PM and consequently the nation cares ! In these trying and testing times of post Operation Sindoor the grant of this long awaited justice will certainly prove to be a morale booster for all cadets undergoing training at our military academies.
Relevant References:
Fauji India Magazine Nov 2018 issue published an article by Parth Satam on our existing ' Biased System' titled " Change in Nomenclature to Give Disabled Officer Cadets their Dues ". The PDF of this issue is att . The article appears on pages 18-20 . Coincidentally this Fauji India issue amply covers the battle between 'Disabled Soldiers versus MoD' for Disability Pension . Hence ,some of the articles would collectively give the reader a fairly holistic picture and overview of the subject and intricately linked issues .
Col Vinay B Dalvi
Editor MVI
Introduction:
Those wanting to join the Armed Forces as officers are selected through a UPSC Exam. The training in very rigorous and entails activities which expose them to very hazardous conditions. Some unfortunate Cadets get injured during these training activities rendering them disabled and unfit for Military duties. There are instances of Cadets getting injured and become Quadriplegic. The Rights Of Persons With Disabilities Act, 2016 in Section 20 under the heading Non-discrimination in employment States that:
“No Government establishment shall discriminate against any person with disability in any matter relating to employment:
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section.”
This benefit is provided to government employees of all levels across all departments. Armed forces Personnel are however exempt from this and if disabled are discharged on medical grounds but provided Disability Pension and associated benefits. All armed force personal including Recruits who are undertraining to become Sepoy/Airman/Sailor are also provided this benefit but the Cadets training to be officers are denied.
About 500 Officer cadets have been boarded out from various academies from 1984 till date. The Services have on various occasions proposed grant of Disability pension to them but the DESW has been unyielding. The matter is now under consideration at MoD
Timeline and facts of the case:
1974: Provision for Disability Pension existed in 1974 (War Dept (Army Branch) Letter No 89421/1/1/AG-14(b) Dated 13th July 1934).
1996: Policy for Monthly Ex Gratia- Ex Gratia not considered pension even though provision of Pension on Ad Hoc basis existed (Para 164.23 of 5th Pay Commission).
1997: Committee recommendation for Priority 1 for Group C&D jobs for Recruits and Cadets- both did not get Disability pension or ESM status.
2006: Disability pension and ESM status for Cadets and Recruits was proposed but granted only to Recruits.
2009: Proposal from Service HQ to Link Ex Gratia to Officer’s Salary denied by DESW and Ex gratia liked to lowest Salary of Central Govt employee.
2014: 7 CPC denies demand of services to grant Disability pension to Cadets stating that Cadets are not on Duty- Training at Academy covered under the definition of duty by SC.
2015: Committee of Experts recommends change of name of Ex Gratia to Disability pension and linking it to stipend.
DESW seeks views of Service HQ and CGDA- all revert positively
DESW again writes to service HQ stating that recruiting rules need to be changed and training will need to be counted to service for implementing the recommendations
JAG gives an opinion that only inserting a line in existing pension regulations will suffice
2018: Letter granting Disability Pension and ESM status to Cadets is drafted but not signed. DESW again brings up that Cadets need to be under Army Act and paid Salary
2022: The Judge and Advocate General recommends that amendments be made to the pension regulation to provide Disability pension to disabled Cadets. Secretary DESW again rejects the proposal.
2024: Meeting at Raksha Mantri Office with representative of Disabled Cadets, It is agreed to grant disability pension but orders not issued till date.
Arguments in support of Disability Pension:
Cadets are under Amy Act:
As per Special Army Instruction 4/S/74 GCs in IMA are enrolled under the Army Act
UPSC notification for CDS- successful candidates will be enrolled under the Army Act.
Cadets at IMA are in receipt of “Salary”:
Stipend Circular: Grant of fixed pay to cadets
Stipend Includes basic pay plus grade pay in pay band 10.
GOI Considers Stipend as Salary Income for income tax
Recruits and cadets both get stipend. If stipend of recruits can be treated as pay why not cadets
CGDA has classified stipend as pay and both are being paid from the same head
Author contact details :
Ankur Chaturvedi
Mob +91 98309 52306
Email - ankur.chaturvedi@emamigroup.com
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