M A I N   N E W S

Move to discharge disabled troops under the scanner
Vijay Mohan
Tribune News Service

Chandigarh, June 12
While undergoing a paragliding course in March 2005, Army jawan Harphool Singh hit a mountainside and suffered fractures, resulting in 30 per cent disability that was attributable to military service. Placed in low medical category, he was given “sheltered” appointments in Army Headquarters and the Artillery Depot.

Five years down the line, after having performed his stipulated duties “without hindrance”, even participating in a field exercise, and with just about two years left to complete minimum service for pension, he is to be discharged on medical grounds.

This is not a singular case. A large number of gunners, placed in permanent low medical category for varying causes, are being discharged, even though they are willing to continue in service. The Army has claimed that sheltered appointments are not available in the Regiment of Artillery. Taking up petitions filed by Harphool and several similarly placed soldiers seeking a stay on their discharge from service, the vacation Bench of the Armed Forces Tribunal (AFT) in Chandigarh has issued a notice to the Union of India.

Documents attached with the petitions reveal that about three per cent of the strength of the Regiment of Artillery is placed in low medical category (LMC), out of which many are to be discharged.

When the petitioner had rejoined his unit that had moved to a peace station in the western sector after completing a stint in Jammu and Kashmir, he had come across a letter issued by the Colonel Records, Artillery, on March 3, recommending discharge of LMC troops on account of suitable positions not being available for them. The recommendation was approved by the Officer-in-Charge (OIC), Records.

Based on the recommendation, a dictum discharge order was received by artillery units that retention of LMC personnel in service has not been recommended by the commanding officers of the units, and accordingly the approval of OIC has been accorded to discharge them on medical grounds. August 31, 2011 has been fixed as the discharge date.

The petitioners say that the foremost guiding principle prescribed for the discharge of LMC troops is that 
all endeavours shall be made to allow personnel to complete minimum qualifying service for pension.

They have also claimed that discharge on medical grounds can be done only on the basis of the opinion of the release medical board , after the competent authority, that is the commanding officer, certifies after conforming to stipulated procedures that there is no sheltered appointment in the unit or the LMC individual is surplus to the organisation. In these cases, there was no such certification.