1- Background. The need for formally defining the term “Ex-servicemen” (ESM) was felt for the first time after 1965, to ensure that the benefits of the new policy of reservations flow exclusively to deserving personnel. The definition of ESMs is governed by the definition as laid down by the Department of Personnel and Training (DOPT) and has undergone changes from time to time.
2- Armed Forces. The Armed Forces of the Union, in present context, include the Army, Navy and Air Force of the Indian Union and Armed Forces/formations of the erstwhile princely states and British provinces integrated with/acceded to the Republic of India, but exclude the soldiers/dependents of Defence Security Corps, General Reserve Engineering Force, Lok Sahayak Sena and Para Military Forces (PMF).
3- The definition of ESM has been broadly categorised as follows:- .
(a) Those released before 01 Jul 68. Any person who had served in any rank (whether as combatant or not) in the Armed Forces of the Union and released from there other than by way of dismissal or discharge on account of misconduct or inefficiency.
(b) Those released on or after 01 Jul 68 but before 01 Jul 79. Any person who had served in any rank (whether as a combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months after attestation and released from there other than by way of dismissal or discharge on account of misconduct or inefficiency.
(c) Those released on or after 01 Jul 79 but before 01 Jul 87. An “Ex-Serviceman” means a person, who has served in any rank (whether as a combatant or a non-combatant), in the Armed Forces of the Union, including the Armed Forces of the Former Indian States, but excluding the Assam Rifles, Defence Security Corps, General Reserve Engineering Force, Lok Sahayak Sena and Territorial Army, for a continuous period of not less than six months after attestation, and
(i) Has been released, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency, or has been transferred to the reserve pending such release, or
(ii) Has served for not more than six months for completing the period of service requisite for becoming entitled to be released or transferred to the reserve as aforesaid, or
(iii) Has been released at his own request, after completing five years service in the Armed Forces of the Union.
(d) Those released on or after 01 Jul 87. “An ‘Ex-Serviceman’ means a person, who has served in any rank whether as a combatant or non combatant in the Regular Army, Navy and Air Force of the Indian Union and
(i) Who retired from such service after earning his/her pension; or
(ii) Who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or
(iii) Who has been released, otherwise than on his own request, from such service as a result of reduction in establishment; or
(iv) Who has been released from such service after completing the specific period of engagements, 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 of the following categories, namely:-
(aa) Pension holders for continuous embodied service
(ab) Persons with disability attributable to military service; and
(ac) Gallantry award winners.
(e) After careful consideration the Government has accepted the above definition recommended by the High Level Committee. However, it may be observed that in the new suggested definition certain categories of personnel who have served in the Armed Forces of the Union have been excluded for consideration as ex-Servicemen, whereas certain additional categories of Territorial Army Personnel have been added in the revised definition. The notification containing the revised definition was issued on 27 Oct 1986 and published in the official gazette on 15th Nov 1986. The notification gives effect to the new definition from the date of its publication, but since some of the categories were excluded without adequate publicity, the effect of the earlier notification of 27 Oct 1986 was withheld by another notification dated 27Mar 87 in which the date of effect was specified as 01 Jul 87. Consequently, the two categories of personnel, who were included in the pre-revised definition of ‘Ex-Servicemen’ ceased to be considered as Ex-Servicemen w.e.f. 01 Jul 87 and a new category was inducted as follows:-
“Any person who has been released:-
(i) At his own request after completing five years service in the Armed Forces of the Union
or
(ii) After serving for a continuous period of six months after attestation, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency or has been transferred to the reserve pending such release; shall also be deemed to be an Ex-Servicemen for the purpose of this clause.”
(iii) The Territorial Army Personnel are treated as Ex-Servicemen with effect from 15.11.1986.
(f) Those released on or after 04 Oct 2012. An ex-serviceman means a person, who has served in any rank whether as a combatant or non-combatant in the Regular Army, Navy and Air Force of the Indian Union, and
(i) 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
(ii) Who has been relieved from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or
(iii) Who has been released from such service as a result of reduction in establishment; or
(iv) 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, namely, pension holders for continuous embodied service or broken spells of qualifying service; or
(v) Personnel of the Army Postal Service who are part of Regular Army and retired from the Army Postal Service without reversion to their parent service with pension, or are released from the Army Postal service on medical grounds attributable to or aggravated by military service or circumstance beyond their control and awarded medical or other disability pension; or
(vi) Personnel, who were on deputation in Army Postal Service for more than six months prior to the 14th April, 1987; or
(vii) Gallantry award winners of the Armed forces including personnel of Territorial Army; or
(viii) Ex-recruits boarded out or relieved on medical ground and granted medical disability pension.
4- Short Service Commissioned Officers. As per DoPT Notification dated 13th February, 2020, Short Service Commissioned Officers (SSCOs) released from Service after completing initial terms of engagement other than by way of dismissal or discharge on account of misconduct or inefficiency and have been given gratuity shall be eligible for the status of Ex-Servicemen.
