Delhi HC allows broad-banding of military cadets’ disability on par with commissioned officers

The high court has dismissed the contention of the Ministry of Defence (MoD) that since these cadets have not been commissioned as officers and have suffered disability while undergoing training, they are not entitled to this broad banding of disability.

The high court order was delivered on April 16 on petitions filed by four disabled cadets, including those who had undergone training in Officers Training Academy (OTA), National Defence Academy (NDA) and Indian Military Academy (IMA) These petitions involve an identical issue whether the petitioners who were invalidated and released as cadets are entitled to the benefit of government policy of broad banding or rounding off of their disability.

The ex-cadets argued they have been invalidated from NDA/OTA/IMA after they were found unfit for Army/Defence service on account of disability of “Fracture neck of Femur LT assessed at the rate of 40 per cent for life, Fracture neck of Femur (Left) with disability of 40 per cent, later on revised to 60 per cent, chronic knee pain with fat pad syndrome (LT) knee (OPTD) assessed 20 per cent and (i) spondylolysis of L5 (bilateral) and (ii) Grade-I anterolisthesis at 30 per cent for life respectively.

The ground on which the the Ministry of Defence rejected the benefit of rounding off or broadbanding of disability as 50 per cent and 75 per cent was that the broad banding is only applicable to commissioned officers who are invalidated from service. Since the petitioners have not been commissioned in the military service, the broad banding principle in respect of officers cannot be made applicable to the Cadets, argued the MoD.

The counsel appearing for the petitioners argued that the rounding off/broad banding policy has been laid down by the defence ministry in the letter dated January 31, 2001.

According to him, the only ground for rejecting the rounding off is that the policy is only applicable to the officers. He stated, this ground of rejection has no reasonable nexus with the object sought to be achieved, to grant appropriate ex-gratia disability award, when a cadet has actually suffered disability like the officers which is also attributable to military service.

The ministry, on the other hand, contended that having not been commissioned in the Army, no parity with officers can be given to the cadets. According to the MoD, the training period of cadets is not counted as service. They are paid stipend and not pay and allowances during training, and hence the rounding off/broadbanding principle is not applicable.

That apart, the pensionary benefits of officers are linked to pay and allowances and Cadets are granted stipend during training period, instead of pay, they are not entitled to broadbanding of disability percentage as is granted to regular service personnel, the MoD argued before court.

The MoD counsel also stated that on invalidment the Cadets are not entitled to pensionary benefits, ex-servicemen (ESM) Status and ex-servicemen contributory health scheme (ECHS) benefits. They stated that the disability has no restriction in respect of the Cadets taking civil employment.

However, the high court noted that there are two earlier judgments of the high court which have settled this issue in favour of broad-banding of disability and which have not been appealed in Supreme Court and have attained finality.

“The impugned orders are set aside. The respondents shall grant the benefit of rounding off / broad banding to the petitioners as per the policy dated January 31, 2001 from the date the petitioners were granted the ex-gratia disability award subject to adjustment of the payment already made with interest @ 6% per annum. The same shall be granted / released within a period of 8 weeks from today,” the high court order says.