The Supreme Court of India announced Tuesday that it will examine alternative welfare measures and assistance programs for military officer cadets discharged due to training-related disabilities, following government concerns over granting them official ex-servicemen status.
Hearing the matter on Tuesday, a bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan indicated that the judiciary will focus on identifying specific benefits that can be extended to these cadets independently of the ex-servicemen designation.
Review Of Committee Recommendations
The court directed the Union government to re-evaluate the findings of the Sabharwal Committee in light of the ongoing judicial proceedings. Headed by retired Lieutenant General Mukesh Sabharwal, the July 2015 committee report had recommended classifying disabled cadets as ex-servicemen and granting them disability pensions.
During the proceedings, Justice Nagarathna suggested that if full ex-servicemen status cannot be granted, the government could place these cadets under an ex-military personnel category. Such a classification could enable states and Union Territories to extend employment and affirmative action reservations to affected individuals.
Addressing concerns regarding existing disability legislation, the bench noted that the Rights of Persons with Disabilities Act, 2016, applies only to individuals with disability levels exceeding 40 percent. Consequently, the court requested that the central government assess whether a specialized scheme could be formulated to cover cadets who are discharged with disability ratings below that threshold.
Justice Nagarathna also clarified to legal counsel that discharged trainees should not expect immediate or full parity with commissioned personnel who completed active service, noting that a clear distinction between the two groups remains appropriate.
Background And Financial Strain
The Supreme Court initiated suo motu proceedings following an August 11 media report highlighting the financial and medical hardships faced by disabled trainees. According to the report, approximately 500 officer cadets have been medically discharged from premier academies, including the National Defence Academy, since 1985 after incurring injuries during military training.
Because these disabilities occur prior to formal commissioning, discharged cadets do not qualify for ex-servicemen status. As a result, they are excluded from the Ex-Servicemen Contributory Health Scheme, which provides free medical care at military hospitals and empaneled facilities.
Currently, medically boarded-out cadets receive monthly ex gratia payments capped at 40,000 rupees based on their degree of disability. However, affected cadets report that average monthly medical expenditures frequently exceed 50,000 rupees.
Emphasizing the severe physical and financial burden on families dealing with life-altering injuries such as amputations and paralysis, the bench stressed the need for institutional support for individuals who had successfully qualified for elite military training.
The court is scheduled to resume hearings on the matter on September 8.
