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Ex-servicemen status for air force personnel disharge on account of inefficency and given gratuity

(Querist) 05 June 2015 This query is : Resolved 
as per Amendments in Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 2012 notification No. 36034/1/2006-Estt(Res)
04/10/2012

(c) An 'ex-serviceman' means a person -

(ii) who has been released from such service -after completing the
specific period of engagement, otherwise than at his own request,
or by way of dismissal, or discharge on account of misconduct or
inefficiency and has been given a gratuity; and includes personnel
of the Territorial Army, namely, pension holders for continuous
embodied service or broken spell of qualifying service;



if an armed forces personnel(i.e) airmen gets discharge after completing 07 years and 10 months of
service on account of inefficiency and has been given gratuity will he be an ex-servicemen or not as per the above notification
vv kiran
9591925850
Sudhir Kumar, Advocate (Expert) 07 June 2015
please state problem. do not set LLB paper.
vvkiran (Querist) 08 June 2015
Sir,
Sorry for that

my problem is am getting discharged from indian airforce on account of inefficiency and been given gratuity as i completed 7 and half years service

as am unable to understand the above mentioned definition whether i will be entitled for ex-servicemen benefits

please elaborate my discharge will be a ex-servicemen or not..?
Sudhir Kumar, Advocate (Expert) 09 June 2015
you know that you are

"who has been released ................... otherwise than at his own request,or by way ................... inefficiency and has been given a gratuity; "

so what is the doubt.
vvkiran (Querist) 09 June 2015
sir,

as i talked with many airforce senior personnel and i got mixed answers whers much confused sir.pls help me out sir
am i an exservicemen sir..?
vvkiran (Querist) 09 June 2015
as all of them are saying that the above definition implies that inefficiency,misconduct will not com under ex-servicemen
sir my career is dependent on it.pls tell the exact meaning of the paragraoh sir,

am badly waiting for your reply sir...
vvkiran (Querist) 09 June 2015
as all of them are saying that the above definition implies that inefficiency,misconduct will not com under ex-servicemen
sir my career is dependent on it.pls tell the exact meaning of the paragraoh sir,

am badly waiting for your reply sir...
Sudhir Kumar, Advocate (Expert) 16 September 2015
none of these airmen are experts of civilian personnel matters. Read the definition are you covered or not.
Sudhir Kumar, Advocate (Expert) 16 September 2015
http://www.lawyersclubindia.com/experts/definition-of-ex-servicemen-548241.asp#.VfisJn2N7ww


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