Cadets who exit military owing to benchmark disabilities entitled to job reservation: Supreme Court

The Supreme Court on Tuesday said that military cadets with benchmark disabilities who are outboarded from training are entitled to claim the 4 per cent reservation in government employment available under Section 34 of the Rights of Persons with Disabilities Act, 2016 (RPwD Act). [In Re: Cadets Disabled in Military Training Struggle]

A Bench of Justices BV Nagarathna and Manmohan said that outboarded cadets with benchmark disabilities of 40 per cent or more can avail the benefit of the provision and apply for government employment accordingly.

Section 34 of the RPwD Act requires at least 4 per cent of vacancies in government establishments to be reserved for persons with benchmark disabilities.

“Insofar as Section 34 of the RPwD Act is concerned, every appropriate government has to make reservation of not less than 4 percent of the total number of vacancies in each group of posts which is to be filled with persons with benchmark disability, that is, 40 per cent and above. We find that outboarded cadets would also be entitled to the said provision and may make their applications for employment accordingly,” the Court said.

The Bench also considered the position of outboarded cadets whose disabilities fall below the 40 per cent benchmark and who would therefore not get the benefit of Section 34 of RPwD Act.

For such cadets, “a suitable scheme must be prepared and extended to them,” the Court said.

Additional Solicitor General (ASG) N Venkataraman, appearing for the Central government, said that he would seek instructions on the issue.

The Court was hearing a suo motu case initiated to examine the difficulties faced by military cadets who suffer disabilities during training and are consequently outboarded. The proceedings were initiated on the basis of a report published by The Indian Express.

During the hearing, ASG Venkataraman informed the Court that pursuant to its earlier directions, the Ministry of Defence has extended Ex-Servicemen Contributory Health Scheme (ECHS) benefits to invalidated cadets. Their medical expenses would, therefore, be taken care of throughout their lives.

Senior Advocate Rekha Palli, who is assisting the Court as amicus curiae, meanwhile highlighted a disparity in the monthly disability benefits paid to different categories of trainees. The Court was told that an officer trainee or Army cadet receives ₹12,240 per month plus dearness allowance, whereas a jawan trainee or recruit before attestation receives ₹18,000 per month.

Venkataraman informed the Court that the 8th Pay Commission has been constituted and would consider enhancement of the ex gratia payments made to outboarded cadets.

The Court accordingly permitted affected cadets to make representations before the Pay Commission regarding their grievances.

"In these circumstances, liberty may be reserved to the concerned persons to make representations and ventilate their grievances before the 8th Pay Commission. It is submitted that the 8th Pay Commission would consider the matter from all aspects and angles and accordingly enhance the ex gratia payment paid monthly to the outboarded cadets," the Court added.

The Bench also directed the department to reconsider the recommendations of the Sabharwal Committee Report in light of the proceedings before it.

“We expect certain favourable recommendations would be emanating from the respondent Department,” the Court said.

The Court further recorded its appreciation for States and Union Territories that have treated outboarded cadets as ex-servicemen for the purpose of employment.

The matter will be heard next on September 8.

[Live Coverage]