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ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A No ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A No. 115 OF 2012 THURSDAY, THE 4TH DAY OF JULY, 2013/13TH ASHADHA, 1935 CORAM: HON'BLE MR. JUSTICE SHRI KANT TRIPATHI, MEMBER (J) HON'BLE LT.GEN.THOMAS MATHEW, PVSM, AVSM, MEMBER (A) APPLICANT: EX SUBEDAR (HONORARY) MURALEEDHARA PANICKER, AGED 58 YEARS, S/O SRI.PARAMESWARA PANICKER, (NO.JC-842345 'K' OF DEFENCE SECURITY CORPS), THADATHIL LEKSHMI SADANAM, VARAYARA, EDATHARA P.O., KOTTARAKKARA, KOLLAM DISTRICT, KERALA- 691 536. BY ADV. SRI. V.K.SATHYANATHAN. versus RESPONDENTS: 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI -110 011. 2. THE CHIEF OF ARMY STAFF, COAS'S SECRETARIAT, INTEGRATED HEAD QUARTERS, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI -110 011. 3. THE DIRECTOR GENERAL, DIRECTORATE GENERAL RESETTLEMENT, DEPARTMENT OF EX-SERVICEMEN (MINISTRY OF DEFENCE), WEST BLOCK-4, R.K.PURAM, NEW DELHI -110 066. 4. THE DEPUTY DIRECTOR, DEPUTY DIRECTORATE GENERAL DSC, GENERAL STAFF BRANCH, ARMY HEAD QUARTERS, MINISTRY OF DEFENCE, WEST BLOCK-4, R.K.PURAM, NEW DELHI -110 066. 5. OFFICER-IN-CHARGE RECORDS, DEFENCE SECURITY CORPS RECORDS, PIN 901 277, C/O 56 APO. O.A No.115 of 2012 2 6. THE ZILA SAINIK WELFARE OFFICER, ZILA SAINIK WELFARE OFFICE, KOLLAM. BY ADV.SHRI. K.M.JAMALUDHEEN, SENIOR PANEL COUNSEL. O R D E R SHRIKANT TRIPATHI, MEMBER(J): 1. Heard Mr. V.K.Sathyanathan for the applicant and Mr.K.M.Jamaludheen for the respondents and perused the record. 2. Reply statement filed on behalf of the respondents is taken on record. Learned counsel for the applicant informed that he would not file any rejoinder. 3. The applicant Muraleedhara Panicker, Ex Subedar No.JC- 842345K, has filed the instant O.A claiming himself as Ex servicemen along with the benefits admissible to Ex servicemen such as issue of Identity Card, Canteen facility and medical facilities as an Ex servicemen. But the respondents did not recognize him as such, therefore, he filed the instant O.A. 4. The relevant facts are that the applicant was initially served 4 years 38 days embodied service in the territorial army (from 30th August 1974 to 16th July 1979). He was thereafter enrolled in Defence Security O.A No.115 of 2012 3 Corps on 17th July 1979 and was discharged from the service with effect from 30th November 2011 on attaining the age of superannuation. At that point of time, he had held the rank of Naib Subedar. In this way the applicant had rendered 36 years 5 months and 23 days total service, both in the Territorial Army and DSC. 5. Mr.V.K.Sathyanathan, appearing for the applicant, however, contended that the applicant has been provided canteen facility and ECHS facility without the benefit of Ex servicemen. 6. The respondents, on the other hand, have set up the case that the respondent No.1 has not taken any policy decision to include retired DSC personnel within the category of Ex-servicemen and the matter was under deliberation since long. He next submitted that the Government of India, Department of Personnel and Administrative Reforms, has framed the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 under Article 309 of the Constitution of India. In the said Rules, Ex- servicemen has been defined, according to which the personnels, who served in any rank in Defence Security Corps, besides others, have not been included within the category of Ex-servicemen. Therefore, the applicant could not be treated to be an Ex-servicemen. O.A No.115 of 2012 4 7. The learned counsel for the respondents next submitted that according to the letter No.A/00614/DSC-1 dated 10th May, 2012 (Annexure-R2), the Directorate General of DSC intimated that a case for grant of ex-servicemen status to DSC personnel is under progress. Outcome of the same, as and when received, will be intimated to all concerned. 8. The aforesaid service rules framed by the President of India under Article 309 of the Constitution of India was framed for regulating the recruitment of ex-servicemen in the Central Civil services and Posts and accordingly defined the Ex-servicemen. The definition of Ex-servicemen made in the aforesaid Rules has been made only for the purposes of the said Rules and cannot be applied beyond that. To put it otherwise, the definition could not be applied while considering the question for grant of identity card, medical facility, canteen facility and other admissible facilities to ex-servicemen. 9. It is almost admitted legal position that the DSC personnels are subject to Army Act to certain extent. It may also be mentioned that section 3(vi) of the Army Act defines the term “Corps” which means any separate body of persons subject to the Army Act which is prescribed as a Corps for the purposes of all or any of the provisions of the Act. O.A No.115 of 2012 5 Rule 187 of the Army Rules further clarifies the terms “Corps”. It provides that each of the separate bodies of persons subject to the Act specified therein shall be a Corps for the purpose of Chapter-III and section 43(a) of the said Act and of Chapters II and III of the Rules, except Rule 13. The Defence Security Corps is also one of the separate bodies of persons subject to Army Act, specified in the aforesaid Rule 187. In this view of the matter, according to Section 3(vi)of the Army Act and Rule 187 of the Army Rules, the Defence Security Corps have been brought within the category of Crops for the purpose of Chapter III, and Section 43(a) of the Act and Chapter II and Chapter III, except Rule 13, of the Army Rules. The Defence Security Corps have, thus been brought within the category of Corps to the aforesaid limited extent. 10. We have no relevant materials as to how, and for what purposes, the Defence Security Corps have been constituted and what duties they performed. But keeping in view the provisions of Section 3(vi) of the Act and the aforesaid Rule 187 it seems to be just and expedient to give due consideration to the applicant's request for treating him as Ex servicemen, particularly with regard to the issue of Identity Card, Canteen facility and ECHS facility, which have no much financial implication. We hope that the respondents would give due consideration to the applicant's request. O.A No.115 of 2012 6 11. For the reasons stated above, the Original Application is disposed of with a direction to the respondents to consider the applicant's request for treating him as an ex-serviceman and take a suitable decision and communicate the same to him within four months from the date of receipt of a copy of this order. 12. There will be no order as to costs. 13. Issue free copies of this order to both side. Sd/- Sd/- LT. GEN. THOMAS MATHEW, JUSTICE SHRIKANT TRIPATHI, MEMBER (A) MEMBER (J) (true copy) pb .
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