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DEFINITION OF EX-SERVICEMEN


1.     The eligibility of the retired Defence personnel to the status of Ex-Servicemen is governed by the definition as laid down by Department of Personnel and Training.   The definition has been undergoing changes from time to time.   The following is the broad categorisation :-

(a)     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 from there other than by way of dismissal or discharged on account of misconduct or inefficiency.

(b)     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 months after attestation and released from there other than by way of dismissal or discharge on account of misconduct or inefficiency.

(c)     Those released on or after 01 Jul 79 but before 01 Jul 87.   An “Ex-Serviceman” means a person, who has served in any rank (whether as a combatant or an non-combatant), in the Armed Forces of the Union, including the Armed Forces of the Former Indian States but excluding the Assam Rifles, Defence Security Corps, General Reserve Engineering Force, Lok Sahayak Sena and Territorial Army, for a continuous period of not less than six months after attestation, and

(i)     has been released, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, or has been transferred to the reserve pending such release, or

(ii)     has to serve for not more than six months for completing the period of service requisite for becoming entitled to be released or transferred to the reserve as aforesaid; or

(iii)     has been released at his own request, after completing five years service in the Armed Forces of the Union.

(d)     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

(i)     who retired from such service after earning his/her pension; or

(ii)     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

(iii)     who has been released, otherwise than on his own request, from such service as a result of reduction in establishment ; or

(iv)     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 :-

(aa)     Pension holders for continuous embodied service.

(ab)     persons with disability attributable to military service; and

(ac)     gallantry award winners.”

2.      After careful consideration, the Government has accepted the above definition recommended by the High Level Committee.   However, it may be observed that in the new suggested definition certain categories of personnel which have served in the Armed Forces of the Union have been excluded for consideration as Ex-Servicemen, whereas certain additional categories of Territorial Army Personnel have been added in the revised definition. The Notification containing the revised definition was issued on 27 Oct 1986 and published in the official Gazette on 15th Nov 1986. The Notification gives effect to the new definition from the date of its publication, but since some of the categories were excluded without adequate publicity, the effect of the earlier notification of 27 Oct 1986 has been stayed by issuing another Notification dated 27 Mar 87 in which the date of effect has been indicated as 1.7.87.   The net effect is that the following two categories of personnel, who were included in the pre-revised definition of ‘Ex-Servicemen’ will now cease to be treated as Ex-Servicemen w.e.f. 1.7.87 as will be seen from the following provision, namely,

 “Any person who has been released :-

(a)     at his own request after completing five years service in the Armed Forces of the Union; or

(b)     after serving for a continuous period of six months after attestation, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency or has been transferred to the reserve pending such release; shall also be deemed to be an Ex-Servicemen for the purpose of this clause.”

3.     The Territorial Army personnel will however be treated as Ex-Servicemen w.e.f.    15.11.86. 

 
 
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