SubCallupNoticeIndianArmy-Lawyersclubindia.doc

Honorable Chief Justice of India Supreme Court of India, Tilak Marg, New Delhi-110 001 statement of case for ;- Grant of Ex-Service men status and ensuing benefits? to Honorably Retired officers of TERRITORIAL ARMY? alike Non pensioner SSCO ECO References’- Government Orders dated 30.10.1987 7 dated 03.02.1998. Armed Forces Tribunal, Principal Bench at, New Delhi Order dated 19.02.2010 Department of Personnel Training(DOPT), Ministry of Personnel, Public Grievances Pensions GOI, DG ET .ministry of LABOUR EMPLOYMENT service manual part1 National Employment Service Manual Part.I /Vo l. I page 75 para-11.38 Defense service regulation ARMY Orders 77/1984? INTRODUCTION ;- The Member of the Territorial Army being integral part of INDIAN ARMY are subject to INDIAN ARMY ACT 1950 governed by - DEFENSE SERVICE REGULATION, Regulations for the ARMY, PENSION REGULATIONS 1961 . Officers in the TERRITORIAL ARMY are holding commission ,granted by the president of INDIA with designation of Rank corresponding to those of Indian commissioned officers of the regular Army , Granted Gratuity on their honorable retirement\ Discharge\Release after 05 years of aggregate embodied service / or 10 years of commissioned service alike Non pensioner SSCO\ECO Yet are not granted EXSERVICEMAN status ON CONTRARY Non pensioner Short Service Commissioned Officers . are treated as Ex-servicemen, on their discharge with Gratuity after 05 year commissioned service. inclusive of their pre-commissioning training period as CADET. ? Honorably retired officers of TERRITORIAL ARMY are awarded Gratuity at par with All retiree of Indian Army which constitute one class. It is not LEGAL to single out certain persons of the same class for differential treatment. Denial of Ex-Service men status and ensuing benefits? has created a class within a class amongst ALL honorably retired officers without rational basis and, therefore, becomes arbit