Supreme Court asks Centre if disabled cadets can be treated as ex-servicemen

The Supreme Court has asked the Centre if military cadets who become unfit due to disabilities sustained during training can be given ex-servicemen status, enabling them to avail reservation benefits in government and semi-government jobs.

A Bench of Justices B.V. Nagarathna and Ujjal Bhuyan said a majority of the military cadets were below the age of 30 and would need employment.

“During the course of submissions, one of the aspects that was discussed was as to whether the boarded-out cadets could also be considered as ex-servicemen or ex-military personnel for the purpose of having the benefit of reservation for such persons in various governmental and semi-government jobs and posts,” the Bench said.

“Learned ASG to seek instructions on this aspect, so that the scope of the ex-military personnel could also include the boarded-out cadets, since a majority of them are in their 20s, 30s”, it said.

Additional Solicitor General N. Venkataraman, appearing for the Union of India, said it would give a comprehensive response to the issue.

The top court was hearing a suo motu case related to the difficulties faced by cadets who were boarded out due to injury or disability during training.

On August 18 last year, the apex court said it wants defence forces to have “braveheart cadets” who should not be deterred by injuries or disabilities suffered during training, and directed the Centre to explore the possibility of providing them with insurance covers for such exigencies.

It sought the response of the Centre and the defence forces in a suo motu case on difficulties faced by cadets, who were medically discharged from military institutes on account of disabilities suffered during training programmes.

The court said the Centre should explore the possibility of granting an insurance cover like group insurance to the cadets undergoing rigorous training in different military institutes to deal with any exigency of death or disabilities.

It also asked the Centre to seek instruction on enhancing the current lump sum amount — ₹40,000 for cadets disabled during the training programme — to meet their medical needs.

The top court was informed that a file relating to granting them Ex-Servicemen Contributory Health Scheme (ECHS) cover had been cleared by the defence ministry, but not implemented.

The top court asked the Centre to explore a scheme for the rehabilitation of the disabled candidates into desk jobs or any other work related to defence services, after their treatment was over.

On August 12 last year, the top court had taken suo motu cognisance of a media report, which flagged the issue of these cadets. They were stated to be once a part of training at the nation’s top military institutes, such as the National Defence Academy (NDA) and the Indian Military Academy (IMA).

According to a report, there were around 500 officer cadets who were medically discharged from these military institutes since 1985, due to varying degrees of disability incurred during training, and are now staring at mounting medical bills with an ex-gratia monthly payment that’s far short of what they need.