Grant of Ex‑Servicemen (ESM) status to recruits boarded out on medical grounds with disability pension

Background & Policy Context

• The issue concerns recruits—individuals enlisted under Section 11 of the Army Act—who were boarded out or released during training on medical grounds, and granted disability or medical pension.
• Prior to 2006, such recruits were not recognized as Ex‑Servicemen, denying them various benefits despite service-related disability pension eligibility.

Office Memorandum: 1 February 2006

• On 1 February 2006, the Ministry of Defence (Department of Ex‑Servicemen Welfare), with approval of the Raksha Mantri, issued an Order:

“Recruits boarded out/released on medical grounds and granted medical/disability pension shall be covered under the category of ‘Ex‑servicemen’ for all practical purposes.

• The rationale included that recruits are formally enrolled, undergo training (counted as physical service), may be deployed in aid‑to‑civilian authority, and their training pay is equivalent to soldier’s pay with arrears. Thus, boarding‑out recruits receiving pension warranted ESM status.

DOP&T Notification & 2013 Clarification

• In October 2012, DOP&T issued Notification G.S.R. 757(E), granting ESM status to boarded‑out ex‑recruits with disability pension.
• However, confusion persisted: some Rajya/Zila Sainik Boards (RSBs/ZSBs) refused to issue ESM cards to such recruits, resulting in denial of benefits.
• In response, on 18 March 2013, the MoD (DESW) issued another OM (#12(1)/2005/D (Res‑I)):
  • Reiterated the ESM grant from the 2006 OM, W.E.F. 1 February 2006.
  • Called upon all KSBs/RSBs/ZSBs to issue ESM cards retroactively, ensuring full implementation.

Removal of Cut-Off Date (2014)

• Initially, the benefit applied only to recruits boarded out on or after 1 February 2006.
• On 7 July 2014, under‑Secretary Supriyo Mukherjee issued a further clarification:
  • Soldiers boarded out at any date, prior to or after 1 Feb 2006, with medical/disability pension are entitled to ESM status “irrespective of the date of boarding‑out/release.”

Key Provisions: Summary Table

Operational Impact & Implementation Status

• All relevant recruits, boarded out on medical grounds and granted medical/disability pension—whether before or after 1 Feb 2006—are officially covered under the ESM category.
• District and Rajya Sainik Boards were instructed to issue ESM identity cards retroactively, ensuring access to facilities like reservations, healthcare (ECHS), education quota, and state-specific benefits.

Challenges and Legal Developments

• Despite policy clarity, some boards initially resisted issuing ESM cards, prompting legal cases and multiple representations.
• Courts and veteran associations intervened to enforce compliance and uphold the rights of affected individuals.

Broader Policy & Cadet Status (Not Within Scope)

• Note: Officer trainees or cadets (e.g. at NDA/OTA) remain excluded from this policy; they are often given “ex‑gratia” payouts, not recognized as ESM or eligible for true disability pensions. This issue has been subject of ongoing legal and administrative debate. That remains a separate matter and is not covered under this specific 2006–2014 ESM policy.

Practical Guidance for Stakeholders

1. Affected recruits should approach their district or Rajya Sainik Board, citing:
   • OM dated 1 Feb 2006
   • MoD letter of 18 Mar 2013
   • MoD letter of 7 Jul 2014
2. If denied, they may escalate:
   • Filing representations with DESW / DGR
   • Legal recourse, citing relevant OMs and high‑court judgments.
3. Ensure benefits include:
   • ESM identity card
   • Access to ECHS healthcare
   • Reservation quotas and other state/central schemes for ex‑servicemen.

 Conclusion

• The 01 February 2006 Office Memorandum marked a landmark decision to recognize recruits boarded out on medical grounds (with pension) as Ex‑Servicemen.
• Despite initial gaps in implementation, subsequent clarifications in 2013 and 2014 extended this benefit retrospectively and mandated Sainik Boards to issue ESM cards to all eligible recruits irrespective of the boarding‑out date.
• This policy significantly expanded entitlements—reservation, healthcare, and education quotas—restoring rights of vulnerable recruits who suffered service‑related disabilities during training.

For further reading, you may refer to the original OMs [No. 12(1)/2005/D(Res‑I), dated 1 Feb 2006], the MoD letter of 18 Mar 2013, and the 2014 retrenchment of the retrospective clause.