DEFINITION OF EX-SERVICEMAN 

1.         The eligibility of the retired Defence personnel to the status of ex-Servicemen is governed by the definition as laid down by the Department of Personnel and Training.  The definition has been undergoing changes from time to time.  The following is the broad categorisation:-

(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 has been released therefrom otherwise 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 therefrom       otherwise than by way of dismissal or discharge on account of miscounduct or inefficiency.(No.14/11/68-Estt.(D)/Estt.(C) Dt. 13.2.69). 

(c)        Those released on or after 01 Jul 79 but before on 01Jul 87

Any person who had served in any rank (whether as a Combatant or not) in the Armed Forces of the Union for a continous period of not less than six months after attestation if discharged for reasons other than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency and not less than 5 years of service if discharged at own request. 

(d)        Those released on or after 01 Jul 87

Any person who had served in any rank (whether as Combatant or not) in the Armed Forces of the Indian Union and was released/retired with any kind of pension from Defence Budget or released on completion     of specific terms of engagement with gratuity otherwise than at his own request or by way of dismissal or      discharge on account of misconduct or inefficiency.

2.         In addition, personnel of Territorial Army (TA) of the following categories viz. pension holders for continuous embodied service; persons with disability attributable to military service; and gallantry award winners retired on or after 15 Nov 86 and the personnel of the Army Postal Service (APS) who are a part of the regular Army and retired from such service, i.e. directly from the Army Postal Service itself without reversion to P&T Department with a pension or who have been released from such service on medical grounds attributable to military service or circumstances beyond their control and awarded medical or other disability pension are also covered within the definition of ex-Servicemen w.e.f. 19 Jul 89.

3.         In all cases Cadets/Recruits are not ex-Servicemen.  Armed Forces of the Union means the Army, Navy and Air Force of the Indian Union including Armed Forces of the former indian States but excludes the persons who have served in Defence Security Corps, General Reserve Engineering Force, Lok Sahayak Sena and Para Military Forces (PMF).

4.         The eligibility of the person to the status of ex-Servicemen will be governed by the definition in vogue at the time of his discharge and will not be affected by the changes in the definition subsequent to his discharge.

CLARIFICATIONS ON DEFINITION OF EX-SERVICEMEN VIDE DGR NEW DELHI LETTER NO 4008/DGR/S&R/RES-9 DATED 17 NOV 1993

FAQ on status of Ex-Serviceman

Are the persons released from the following units eligible to the status of ex-servicemen. (a) Indian Army Nursing Service (b) Indian Canteen Corps (c) AF(I) (The niligiri Malabar Battalion Est West Battalion) (d) Bharat Scouts (e) Non ISF Personnel

Are the persons released from the following units eligible to the status of ex-servicemen. (a) Indian Army Nursing Service (b) Indian Canteen Corps (c) AF(I) (The niligiri Malabar Battalion Est West Battalion) (d) Bharat Scouts (e) Non ISF Personnel

Are the persons released from the following units eligible to the status of ex-servicemen. (a) Indian Army Nursing Service (b) Indian Canteen Corps (c) AF(I) (The niligiri Malabar Battalion Est West Battalion) (d) Bharat Scouts (e) Non ISF Personnel (eg 1st Gwalior Infantry Personnel who are getting pension, duly sanctioned  by CDA (P), Allahabad) (f) BN Raily (D of I Corps) (g) VH Units DOFI Corps (Docks) (h) Border Scouts (i) Ladakh Scouts (j) Auxillary Force of India (k) 32 up Defence?   As per the clarification received from Ministry of Defence (Historical Division), Woman Auxillary Corps (India)...
Are Retired Defence Services Personnel not in receipt of pension/released before completion of 5 years of service eligible to the status of ESM

Are Retired Defence Services Personnel not in receipt of pension/released before completion of 5 years of service eligible to the status of ESM

The ESM status of retired defence services personnel is governed by the definiation in vogue at the time to his release.  As per the definition laid down by DOPT the individuals released before Jul 1987 without pension and with less than 5 years of service are also eligible to the status of ex-servicemen.  However, each case has to be on its merit as per the definition in vogue at the time of his discharge.
Are more than one wife of deceased ex-servicemen in receipt of family pension eligible to the status of ex-servicemen?

Are more than one wife of deceased ex-servicemen in receipt of family pension eligible to the status of ex-servicemen?

YES.
Are recruits eligible to the status of ex-servicemen?

Are recruits eligible to the status of ex-servicemen?

Since a recruit is not a rank, they are not entitled to the status of ex-servicemen even if medically boarded out and in receipt of disability or any other pension.
Are short Service/Emergency Commissioned Officers eligible to the status sof ex-servicemen?

Are short Service/Emergency Commissioned Officers eligible to the status sof ex-servicemen?

Yes.  If released on completion of the specific period of engagement and were given gratuity at the time of release.
Are the personnel dismissed from the army for having taken part in freedom struggle, mutiny etc eligible to the status of ex-servicemen?

Are the personnel dismissed from the army for having taken part in freedom struggle, mutiny etc eligible to the status of ex-servicemen?

Yes, such cases are to be given the status of ex-servicemen as a special case if subsequently granted the status of freedom fighter.
Are the personnel recruited in the Indian Army Before independence but subsequently opting for Pak Army after independence and discharged there from, eligible to the status of ex-servicemen?

Are the personnel recruited in the Indian Army Before independence but subsequently opting for Pak Army after independence and discharged there from, eligible to the status of ex-servicemen?

As per the definition laid down by the Govt of India, to be eligible to the status of ex-servicemen the individual may have inter-alia served in the Armed Forces of the Indian Union and released there from.  Such cases are, therefore, not eligible to the status of ESM.
Are the persons discharged at their own request compulserily retired and eligible to the status of ex-servicemen?

Are the persons discharged at their own request compulserily retired and eligible to the status of ex-servicemen?

Yes, such cases are eligible to ESM status.
Are the persons discharged with character assessed `BAD’ eligible to ESM status?

Are the persons discharged with character assessed `BAD’ eligible to ESM status?

As per the definition laid down by the Govt of India the eligibility of retired Defence services personnel to the status of ex-servicemen is governed inter alia by length of service, reasons for discharge pensionary status etc as per the definition in vogue at the time of their discharge.  The character of the (Character of the) person has no bearning on his eligibility to ESM status.  Such cases will therefore, qualify to ESM status if they fulfil the eligibility conditons as per the definition in vogue at the time of their dischage.
Are the persons in receipt of disability pension at the time of their discharge but not persently in receipt of the same eligible to the status of ex-servicemen?

Are the persons in receipt of disability pension at the time of their discharge but not persently in receipt of the same eligible to the status of ex-servicemen?

Yes, such cases are eligible to ESM status.
Are the persons re-employed in Para Military Forces, Defence Security Corps (DSC) are eligible to the status of ex-servicemen?

Are the persons re-employed in Para Military Forces, Defence Security Corps (DSC) are eligible to the status of ex-servicemen?

Services in the Para Military Forces, DSC etc does not entitled individual to ESM status and as such is not to be counted for grant of status of ex-servicemen, even if such services may have earned a pension.  However, if before joining Para Military Forces, DSC etc the person was eligibel for the status of ex-servicemen he would be given the status of ex-servicemen.  It is further clarified that PARA Military Forces cover Border Security Force, Central Reserve Police Forces Indo Tibetan Border Forces, Central Industrial Security Force, Assam Rifles and Railway Protection Force.
Are the persons released on reduction of Indian Army on Demobilisation eligible to the ESM status?

Are the persons released on reduction of Indian Army on Demobilisation eligible to the ESM status?

Yes, if they fulfil the other eligibility conditions as laid down in the definition in vogue at the time of their discharge.
Are the persons released under AA Section 18 (AHQ Part II order No 67 fsyrf 27-07-80) eligible to the status of ex-servicemen?

Are the persons released under AA Section 18 (AHQ Part II order No 67 fsyrf 27-07-80) eligible to the status of ex-servicemen?

Every person subject to this Act shall hold office during the pleasure of the President.  The individual is not entitled to the ESM status.
Grant of ex-servicemen status to pre 1966 retires.

Grant of ex-servicemen status to pre 1966 retires.

No specific definition of ESM existed prior to 1966.  The grant of ESM status to pre 1966 retirees will be governed by 1966 definition.  In terms of the said definition ESM means a person released honourably irrespective of the length of service in defence services.  The individuals discharged on account of inefficiency or misconduct are, however, not to be treated honourably discharged.
Grant of ex-servicemen status to the perosnnel of Army Postal Service ( APS)

Grant of ex-servicemen status to the perosnnel of Army Postal Service ( APS)

The personnel of APS who are a part of the regular army and retired from such service (ie, directly from the APS itself without reversion to P&T Deptt) with a pension or who had been released from such service on medical grounds attributable to military service or circumstances beyond their control and awarded medical or other disability pension come within the definition of ex-servicemen.  The personnel of APS discharged on or after 19 Jul 1989 satisfying the above conditions only are eligible to the status of ESM.
What does the discharges under Army Rule 13 (3) (i) to 13 (3) (V) mean? Are the individual discharged under these clauses eligible to the ESM sta tus?

What does the discharges under Army Rule 13 (3) (i) to 13 (3) (V) mean? Are the individual discharged under these clauses eligible to the ESM sta tus?

The discharges under Army Rule (13) (3) (i) to 13 (3) (v) relate to:- 13(3) (i): on fulfilling the conditions of his enrolment or having reached the stage at which discharge may be enforces. 13(3) (ii): On completion of a period of Army service only there being no vacany in the Reserve. 13(3) (iii): Having been found medically unfit for further service. 13(3) (iv): At his own request before fulfilling the conditons of his enrolment. 13(3) (v): All other clauses of discharge.  The individuals discharged under clasues 13 (3) (i) to 13 (3) (iv) are eligible to ESM status, if they fulfill other...
Whether the person discharged on plural marriage are entitled for ex-servicemen status?

Whether the person discharged on plural marriage are entitled for ex-servicemen status?

NO
Whether the personnel of Defence Forces who joined SSC and subsequently released on extended period at their own request entitiled to ex-servicemen status?

Whether the personnel of Defence Forces who joined SSC and subsequently released on extended period at their own request entitiled to ex-servicemen status?

Yes,  if such personnel were given a gratuity and discharged on reasons other than misconduct or inefficienty ( Honourably-discharged)
Whether the retired defence services personnel discharged on grounds of services no longer required, compassionate grounds, marriage and medical grounds are eligible to the status of ex-servicemen?

Whether the retired defence services personnel discharged on grounds of services no longer required, compassionate grounds, marriage and medical grounds are eligible to the status of ex-servicemen?

As per the clarifications obtained from AG`s Branch, discharges are not blame worthy: only dismissals are such cases will, therefore qualify to the status of ESM if they fulfil other eligibility conditions as laid down in the definition in vogue at the time of discharge.  The individuals discharged on account of misconduct or inefficienty will, however, not be eligible (eligible) to ESM status.
Whether the services rendered by the retired defence services personnel as boy before grant of the rank may be counted for total qualifying services for determining the status of individual as ex-servicemen.

Whether the services rendered by the retired defence services personnel as boy before grant of the rank may be counted for total qualifying services for determining the status of individual as ex-servicemen.

No.  To be eligible to ESM status, the individuals may have inter-alia served in the Armed Forces of the Indian Union in any rank.  Since boy is not a rank such cases are not eligible to ESM status even if medically boarded out and in receipt of pension.
Whether the Widows of Ex-servicemen who have got re-married are entitled to the status of ex-servicemen?

Whether the Widows of Ex-servicemen who have got re-married are entitled to the status of ex-servicemen?

NO
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