Answer By law4u team
In India, the definition of an ex-serviceman is specified by various government regulations, particularly by the Ministry of Defence (MOD), which oversees the welfare of ex-servicemen. An ex-serviceman is someone who has served in the Armed Forces and has been honorably discharged, retired, or released from service under specific conditions. This status enables the individual to receive certain government benefits, including pension, medical care, and other welfare schemes designed for ex-servicemen.
Definition of Ex-Serviceman under Indian Law:
According to the Ex-Servicemen (Reemployment in Central Civil Services) Act, 1979, and various Ministry of Defence regulations, the term ex-serviceman is defined based on the following criteria:
Service in the Armed Forces:
The individual must have served in the Indian Army, Navy, or Air Force, or in any Reserve or Territorial Army units.
It includes service in combat roles, non-combat roles, and service in the National Cadet Corps (NCC) and auxiliary forces.
Minimum Service Requirement:
The person must have completed at least 15 years of service in the Indian Armed Forces to be considered an ex-serviceman. However, those who are discharged due to service-related disabilities, medical reasons, or other special circumstances (such as serving in a war zone) may still qualify even if they have served for less than 15 years.
Conditions of Discharge:
Honorably Discharged or Retired Personnel:
To qualify as an ex-serviceman, the individual must have been honorably discharged or retired from the armed forces. This includes service personnel who have completed their service tenure.
Medical or Disability Discharge:
Personnel who are medically discharged or disabled due to service-related injuries or illnesses are also classified as ex-servicemen.
Voluntary Retirement:
Service members who voluntarily retire under the provisions of military regulations can also qualify as ex-servicemen.
Exclusion of Disciplinary Discharge:
Individuals who are discharged under disciplinary actions or for reasons of misconduct are generally not classified as ex-servicemen. Only those with a discharge under honorable conditions are entitled to this status.
Resigned or Released Without Completion of Service:
Service personnel who voluntarily resign or are released from service without completing the minimum service tenure may not be recognized as ex-servicemen, unless special circumstances apply (e.g., medical discharge).
Other Considerations:
War Veterans:
Personnel who have served in war zones, or in times of national emergency, are considered ex-servicemen and may be eligible for additional recognition and benefits.
Reservists:
Members of the Territorial Army or Reserve Forces, who have been called to active duty and have been discharged honorably, also qualify as ex-servicemen.
Other Auxiliary Services:
Individuals who have served in auxiliary branches like the Indian Coast Guard, Border Security Force (BSF), or Central Reserve Police Force (CRPF) under certain conditions may be considered ex-servicemen if they meet the discharge criteria.
Example:
An individual who served for 20 years in the Indian Army, completed their service tenure, and was honorably discharged upon retirement would qualify as an ex-serviceman. Similarly, a soldier who served in the Navy for 10 years but was medically discharged due to a service-related injury would also be considered an ex-serviceman, even though they didn't complete the full 15 years of service.
Conclusion:
Under Indian law, an ex-serviceman is defined as a person who has served in the Armed Forces of India and has been honorably discharged, retired, or medically discharged under certain conditions. The eligibility is based on the duration of service, the nature of discharge, and specific military regulations. This status grants veterans the right to access various government benefits and support schemes designed to aid their post-service life.
