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Shreyas Zinjarde (Advocate/Consultant)     20 July 2011

Canteen Facility to Ex-servicemen

I am trying to find out what are the rules laying down conditions of eligibilty for the ex-servicemen more particulalry the ones with Teritorial Army. Even want to know whether they do fall under the category of servicemen?



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 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     20 July 2011

Ex-Serviceman Definition

Ex-servicemen and their dependents have been extended a number of facilities/ concessions by the State and Central governments. In order to avail these facilities/ concessions, it is essential for the beneficiaries to enjoy the status of Ex-servicemen within the meaning of the definition of Ex-servicemen as laid down by the Government.

Definition of Ex-servicemen has been undergoing changes from time to time. At present there are as many as four definitions for four different periods. It is pertinent to mention here that the eligibility of the person to the status of ex-serviceman will be governed by the definition in vogue at the time of his discharge and will not be affected by the changes in the definition subsequent to his discharge.

The aforesaid four definitions for different periods are as under:-

Those released on or after 01 Jul 87

                ‘An ex-serviceman’ means a person, who has served in any rank whether as a combatant or non-combatant in the Regular Army, Navy and Air Force of the Indian Union and;

1. Who retired from such service after earning his/ her pension or

2. Who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension or

3. Who has been released/ retired or discharged at his own request, but after having earned pension or as a result of reduction in establishment; or

4. Who has been released from such service after completing the specific period of engagements, 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 of the following categories, namely:-

(i) Pension holders for continuous embodied service,
(ii) Persons with disability attributable to military service, and
(iii) Gallantry award winners

 

Explanation: The persons serving in the Armed Forces of the union, who on retirement from service, would come under the category of “Ex-servicemen” may be permitted to apply for re-employment one year before the completion or the specified terms of engagement and avail themselves of all concessions available to ex-servicemen but shall not be permitted to leave the uniform until they complete the specified terms of engagement in the Armed Forces of the Union.

 

Personnel of Army Postal Service: The personnel of Army Postal Service, who are a part of the Regular Army and retire from such service (that is, directly from the Army Postal Service itself without reversion to P&T Department) with a pension or who have been released from such service on medical grounds attributable to military service or circumstances beyond their control and awarded medical or other disability pension, come within the definition of ex-servicemen.

 

Those released on or after 01 Jul 79 but before 01 Jul 87

                   Any person who had served in any rank (whether as a Combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months after attestation, if discharged for reasons other than at their own request or by way of dismissal or discharged on account of misconduct or inefficiency and not less than 5 years of service if discharged at his own request.  

 

Those released on or after 01 Jul 68 but before 01 Jul 79

                  Any person who had served in any rank (whether as a combatant or not) in the Armed Forces of the Union for a continuous period of not less than six month after attestation and released there from otherwise than by way of dismissal or discharge on account of misconduct or inefficiency.

 

Those released before 01 Jul 68

                 Any person who had served in any rank (whether as Combatant or not) in the Armed Forces of the Union and has been released there from otherwise than by way of dismissal or discharged on account of misconduct or inefficiency.  

 

Note : Ex-servicemen status to Ex-Recruits:- Ex-servicemen status has been granted to ex-recruits who are in receipt of pension. They are also entitled to canteen facilities including liquor.
        Personnel, who have served in the Defence Security Corps, the General Reserve Engineering Force, the Lok Sahayak Sena and the Para Military Force (PMF) are NOT Ex-servicemen within the meaning of the definition. Ex-DSC personnel paid out of Defence Services Estimates, however are entitled to CSD(I) Canteen facilities vide AO 36/85.
        Any person who has been dismissed/ released from the Armed Forces on account of misconduct or inefficiency is NOT AN EX-SERVICEMAN within the meaning of the definition.
       The Ex-Rects are not entitled the Status of an ex-serviceman, however the Ex-Rects who are in receipt of disability pension are entitled for employment under Priority and they are however eligible to avail canteen facilities.


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