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No.2593608N Ex.Sepoy Ex Indian Army MRC S.Venkatesan, S/O Late

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No.2593608N Ex.Sepoy Ex Indian Army MRC S.Venkatesan, S/O Late 1 ARMED FORCES TRIBUNAL, REGIONAL BENCH, CHENNAI O.A. No.18 of 2017 Monday, the 9th day of July, 2018 THE HONOURABLE MR.JUSTICE V.S.RAVI (MEMBER – J ) AND THE HONOURABLE LT GEN C.A.KRISHNAN (MEMBER – A ) No.2593608N Ex.Sepoy Ex Indian Army MRC S.Venkatesan, S/o Late Seenivasan, aged 48 years 10/8, Laxmipuram South Manapparai Tiruchirappalli-621306, Tamil Nadu …Applicant By Legal Practitioner: Shri N.Sundararajan Vs. 1. Union of India, Represented by Secretary Ministry of Defence South Block, New Delhi-110 011 2. The Chief of the Army Staff Integrated Head Quarters Ministry of Defence(Army), New Delhi-110 011. 3. The Officer-in-Charge, Records Madras Regiment Abhilekh Karyalaya C/o 56 APO, PIN 900458 …Respondents By: Shri V.Balasubramanian Central Government Sr. Panel Counsel for Respondents O.A.18 of 2017 2 ORDER HON’BLE LT. GEN. C.A.KRISHNAN, (MEMBER-A) 1. The applicant has filed this Original Application before this Tribunal praying for his reinstatement in the Army in the same cadre as Sepoy with effect from 01.04.2001 with continuity of service with 50% backwages from 01.04.2001, or, in the alternative, payment of Rs.30 lakhs as cost of damages for his sufferings due to the erratic remark in his Discharge Book as Non Ex-serviceman which resulted in non-availability of government benefits to him for the past 15 years as extended to ex-servicemen, and also prayed for the discretionary grant of special pension by the Army, under the Army Pension Rules. 2. The learned counsel for the applicant averred that the applicant was enrolled in the Indian Army on 26.02.1988 and was discharged from Army on 01.04.2001 after 13 years 01 month and 07 days of service, indicating in his Discharge Book(Annexure-A3 to O.A) that he is discharged as per Army Regulation 13(3) III(iv) and discharged as a Non Ex-Serviceman. The applicant submits that the entry in his Discharge Book as a Non Ex-Serviceman is contrary to the Government of India Orders on Ex-Servicemen (Re-employment in O.A.18 of 2017 3 Central Civil Service and Posts) Rules 1979 which were in vogue during 2001. Further, the Ex-Servicemen (Re-employment in Central Civil Service and Posts) Rules 1979(Annexure-A5 to O.A) stipulates that an Ex-Serviceman who has been released at his own request after completing five years services in the Armed Forces of the Union falls into the eligibility criteria of Ex-Servicemen for all purposes and benefits. He submits that though it was remarked in the Discharge Book that the applicant is fit for Group C and D posts in Central/State Government posts, the erratic remark embossed on his Discharge book as NON EX-SERVICEMAN made him disqualified for registering in civil employment Exchanges/Ex-servicemen Board Employment exchanges, rendering him jobless for the past 15 years and deprived him of the privileges of Ex-Serviceman during his young age after his discharge from Madras Regiment. The learned counsel further submits that it was deliberately marked in the applicant’s Discharge Book as “Non Ex-Serviceman ” during his discharge on 01.04.2001, for reasons only known to OIC, Records, Madras Regiment and by this dereliction of duty, the applicant suffered pecuniary loss due to joblessness, defamed in society, suffered mental agony/mental torture/ restlessness in mind due to the wrong entry in his Discharge Book. The O.A.18 of 2017 4 applicant was awarded with 50 th Year Independence Service Medal and 9 years long service army medals and had unblemished military service and his character was assessed as good at the time of discharge from Army as per his Discharge Book. During the applicant’s service he underwent two punishments for overstaying leave and absence without leave amounting to 462 days. He argued that as the applicant was punished for these two offences, the non-qualifying service period of 462 days must be converted into qualifying service. The applicant was issued Ex-Serviceman Canteen Card(Annexure-A4 to O.A) by the ATNK&K Area, Golden Palm Canteen, Trichy. The learned counsel for the applicant argued that para-3 of the impugned order No.2593608N/SR/NE-4(Wel) dated 06.04.2016 stated that as the applicant is a non-pensioner he is not an Ex-serviceman vide Gazette Notification No.518 dated 10.10.2012 which is incorrect and irrelevant as the applicant was discharged from Army way back on 01.04.2001 and is eligible for Ex-Servicemen benefits/privileges as per ibid Rules 1979, which were in vogue during the year 2001. 3. The learned counsel for the Respondents submitted that the applicant was enrolled in the Madras Regiment on 24.02.1988 for the O.A.18 of 2017 5 terms of engagement of 17 years colour and 2 years reserve. He further submitted that on 29.07.2000, while serving in 4 MADRAS the applicant has submitted for premature discharge on extreme compassionate grounds, which was sanctioned under Army Rule 13(3)III(iv) and he was discharged on 01.04.2001 after completion of 13 years, 01 month and 08 days of service including 462 days of non- qualifying service, with assessment of character as good. The applicant was issued with non-Ex Serviceman discharge book being a non- pensioner. The learned Counsel for the respondents argued that the averments of the applicant based on Re-employment in Central Civil Service and Posts Rules, 1979 is incorrect, since as per Govt. of India, Ministry of Personnel Public Grievances & Pensions, Dept of Personnel & Training O.M. dated 14.04.1987 and Ministry of Personnel, Public Grievances & Pensions, Gazette Notification No.518 dated 04.10.2012 (Annexure R-1 and R-2 to O.A) the applicant is not eligible for Ex- Serviceman status as below : Ministry of Personnel, Public Grievances and Pensions. Notification dated 4 th October, 2012. Xxxxxx An ’ex-serviceman’ means a person (i) who has served in any rank whether as a combatant or non O.A.18 of 2017 6 combatant in the Regular Army, Navy and Air Forces of the Indian Union and : (a) who either has been retired or relieved or discharged from such service whether at his own request or being relieved by the employer after earning his or her pension; or (b) who has been relieved from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medial or other disability pension; or (c) who has been released from such service as a result of reduction in establishment. Or (ii) who has been released from such service after completing the specific period of engagement 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, pension holders for continuous embodied service or broken spells of qualifying service. 4. The learned counsel for the respondents submitted that the applicant is not eligible for Ex-Serviceman status as per the policy/rules and he is not eligible for re-instatement into service. He further argued since the petitioner was discharged from service under Army Rule 13(3) III (iv) on the basis of his own request and considering his non-pensioner status in view of his service of 13 years, 01 month and 08 days including 462 days of non-qualifying service, he falls far short of required qualifying service for pension and is also not eligible for Ex-Serviceman status. Therefore, the submissions of the O.A.18 of 2017 7 applicant are devoid of any merit. 5. In his rejoinder to the reply statement of the respondents, the applicant stated that the two punishments mentioned by the respondents as imposed on the applicant, while he was in service, cannot be reviewed on their merits now and they have no relevance at this stage, since the applicant has claimed only Ex-serviceman status now. The applicant submits that the typewritten English letter dated 29.07.2000(Annexure R-3) said to have been written by him, as averred by the respondents, for his compassionate discharge was not at all prepared by him, as he lacked much English knowledge, but only his signature was obtained on a blank sheet forcibly by coercion and the contents were filled and on that basis he was discharged from Army. Therefore, the said letter has got no merits and is devoid of facts. The applicant has produced copy of Discharge Certificate of Mr.Vellapandi Maruthiah No.1325711 Ex.SPR (Ex-Army) who served from 07.05.1962 to 20.02.1968 (5 years and 9 months only) and who has been discharged on ‘Service No Longer Required’ basis and who had been given Ex-Serviceman benefits and ID Card No.TN12/04014, whereas the applicant has been denied the Ex-Serviceman status. O.A.18 of 2017 8 6. In the additional Reply Statement filed by the Respondents, it was submitted that due to multiple marital problems in applicant’s personal life, in addition to the issue of divorce of Smt.Santi, as seen from the letters received by Army authorities from Smt.V.Jothilakshmi (Annexure-R1) and also Smt.V.Veluduraichi (Annexure-RII) and the facts that came out of Smt.V.Veluduraichi’s letter dated 03.01.2001 and 11.01.2001, it emerged that the applicant’s discharge intention was to go for a job in Dubai, which was also mentioned by 4 Madras vide their letter dated 17.03.2001(Annexure R-III).
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