Vijay Mohan
Tribune News ServiceChandigarh, November 20
The Army may reinstate over 23,000 troops that had been discharged on grounds of low medical category (LMC) consequent to orders issued by the Delhi High Court today. They would also be eligible for emoluments and other benefits from the date of discharge to their reinstatement.
Disposing of a bunch of 376 petitions, a Division Bench comprising Justice S.K. Kaul and Justice M.C. Garg today ruled that the petitioners would be reinstated in service by the Army within 30 days.
The petitioners had contended that the Army had discharged them arbitrarily and without adhering to the prescribed norms.
The Bench also directed the Army that the regimental centres concerned send notices for reinstatement to similarly placed persons who had been discharged but did not fall in the ambit of the aforementioned petitions. “As per orders of the court, they would be reinstated within 30 days from the date of receipt of the notices,” Major K. Ramesh (retd), counsel for some of the petitioners, said.
The Army had discharged 23,476 troops from various arms and services. The rational given was that with the expected recommendations of the Sixth Pay Commission, the number of senior JCOs and NCOs opting for pre-mature retirement had reduced leading to excess manpower. A review carried out last year had revealed a significant drop in the annual wastages,
primarily due to a reduced number of pre-mature retirements. “It was for the first time that such orders were issued by the then Army chief and the ibid letter now stands quashed as the Army’s actions were contrary to law”, Major Ramesh said.
“Our primary contention was that personnel placed in the low medical category (LMC) cannot simply be discharged on the basis of their condition without the recommendations of a duly constituted invaliding medical board,” Rajeev Anand, another lawyer associated with the matter said.
The Delhi High Court had earlier allowed a petition filed by a JCO against his discharge, but the Union of India had moved a Special Leave Petition in the Supreme Court, against the high court order. Earlier this month, the apex court had upheld the high court order.
