The Delhi High Court permits officer cadets’ disability benefits to be expanded

In a ruling that affects a great deal of cadets in the armed services who were medically declared unable to attend pre-commission training academies, the Delhi High Court has expanded the advantages of rounding off and broadening the range of their degree of handicap.

Before the court, four former cadets claimed that whereas recruits and other staff members below the level of officer were entitled to the advantage of broad-banding, officer cadets were not.

The petitioners’ impairment was undeniably caused by their military training; yet, the Army denied their request for wide banding, citing the policy’s exclusive applicability to commissioned officers who are disqualified from duty. The training time is considered service even though the petitioners were not commissioned in the military, therefore the cadets cannot be subject to the same broad-banding standard that applies to officers. Two of the petitioners’ attorneys, Col. Indra Sen Singh (retd), contended that the grounds for rejection had no legitimate connection to the goal being pursued, which is to provide a suitable ex-gratia disability award when a cadet has truly experienced a disability comparable to that of an officer that is related to military service.

Justice V Kameswar Rao and Justice Saurabh Banerjee, who make up the Division Bench of the High Court, noted that Clause 6 of the Ministry of Defence’s letter dated April 16 on the matter stipulates that in the case of cadets, disability or death as attributable to or aggravated by conditions of military service or training shall be the same as for regular commissioned officers of the armed forces. The Bench also cited a related instance that the HC had already resolved, in which the Defense Ministry had not opposed the directives to round down disability and pay compensation appropriately before the SC.

Therefore, these writ petitions must be granted for equal cause and since the petitioners are likewise members of the armed services. It is arranged appropriately. The contested orders are overturned. The Bench ruled on April 16 that the respondents would give the petitioners the benefit of broadbanding and rounding off in accordance with 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 at the rate of six percent annually.

Three plates

In January 2001, the broad-banding and rounding off policy of disability was reinstated in order to eliminate any subjectivity or arbitrariness on the part of the medical boards in calculating the percentage of impairment. Benefits were to be paid in accordance with three slabs established under this policy: disability up to 50% to be deemed 50%, between 51% and 75% to be 75%, and above 75% to be 100%.