New Delhi
The Supreme Court on Tuesday underlined the need to formally recognize military cadets who are boarded out due to injury or disability suffered during training and urged the Centre to come out with a rehabilitation scheme within six weeks that can adequately cater to their financial and medical well-being.
The court was hearing a suo motu petition based on a news report highlighting the plight suffered by these cadets, some who are rendered paralysed and do not get medical support for their treatment. Last month, due to court’s nudge, the Centre agreed to include such cadets under the Ex-Servicemen Contributory Health Scheme (ECHS).
But on Tuesday, court-appointed amicus curiae and former Delhi high court judge Rekha Palli told the court that the boarded out cadets are being given a raw deal compared to what the boarded out recruits get who fail to complete the training as a soldier and are prematurely retired on medical grounds. They not only get disability pension but also the status as “ex-servicemen”.
Palli, in her note, said that these cadets undergo training to become officers and due to their injury, the dream to serve the Army, Navy and Air Force is cut short, due to an injury or accident attributable to military training. However, they neither get status as ex-servicemen nor are they entitled to disability pension. Instead, a monthly ex-gratia amount is paid to the cadet.
The bench of justices BV Nagarathna and R Mahadevan directed the note filed by Palli to be forwarded to the three service headquarters for experts there to take a call on providing the boarded out cadets not just medical assistance but financial support, education and insurance coverage.
{{/usCountry}}The bench of justices BV Nagarathna and R Mahadevan directed the note filed by Palli to be forwarded to the three service headquarters for experts there to take a call on providing the boarded out cadets not just medical assistance but financial support, education and insurance coverage.
{{/usCountry}}The court said, “Give them a status. By first recognising the status of outboarded cadets and their position in the entire scheme of training of officers, who but for the injury, would be commissioned as officers in the respective services, the scheme for their rehabilitation can follow.”
Additional solicitor general (ASG) Aishwarya Bhati appearing for Centre said that the government is taking the matter positively and said that the recommendations made by the amicus curiae may be first considered by the three service headquarters who may make a proposal to the defence ministry. The matter may then be jointly considered by the MoD and the Ministry of Finance to study the financial implications.
The court said, “The number of these boarded out cadets (BOC) is absolutely miniscule.” Every year roughly 40 cadets are boarded out due to injury during training and their total numbers do not exceed 700, the Centre said. Palli pointed out that this is nothing compared to the 2.5 million ex-servicemen.
She pointed out that a recruit with 20% disability ends up getting a minimum of ₹18,000 per month while a cadet who is entitled to a higher pay on being commissioned as an officer, gets only ₹12,000 as ex-gratia, which is pittance compared to over ₹36,000 that a paramilitary officer Group A rank gets. Palli suggested that even with ECHS, only cadets can get free treatment and not their families. Moreover, their education and resettlement is a major concern as their academic training goes to waste.
“Their numbers are few and there is a lot of heartburn that what they get is very less compared to recruits,” the bench observed, adding, “It has been observed that there has been a lack of appropriate facilities and amenities for such BOCs “.
Directing further, the bench in its order said, “It is expected that a scheme of facilities and amenities would be provided to BOC so that they would be rehabilitated financially and otherwise in their future life.” As the Centre agreed to come back with a response after six weeks, the court posted the matter for further consideration on November 18.
The plight faced by the cadets in question was showcased in a news report depicting how the young bright cadets who, after clearing the national level examination conducted by the UPSC and subsequent SSB interviews, enter military academies with a dream to become an officer and serve the Indian Army, Navy and Air Force. They receive training at the National Defence Academy, Indian Military Academy, Officers Training Academy and after being boarded out, they are left helpless and hapless.
Taking up the matter last month, the court mooted the suggestion if such persons be considered under the Right of Persons with Disabilities, 2016 and asked the Centre if they could be considered for desk jobs, teaching, etc.
The Centre informed the court that such cadets get an ex-gratia of ₹9,000 per month that may extend to 16,000 for 100% disability, besides attendant charges of ₹6,750 pm.
In addition, the three wings of the defence forces have their insurance schemes which propose various scales of payment which includes cadets undergoing training. It provides ₹1.25 crore for death, ₹25 lakh for 100% disability that gets proportionately less depending on the scale of disability, and ₹50,000 for injury certified to be less than 20%.
On August 29, the Centre decided to include BOC to be eligible to undergo free treatment at government hospitals, polyclinics and empanelled private hospitals, considering the humanitarian nature and financial burden on their families. They even exempted them from paying the mandatory one-time subscription fee of ₹1.2 lakh to avail these benefits. The decision clarified that the benefit is only for BOC where the injury is attributed or aggravated by military training.