ESM and FAQ's

Q1 Are Retired Defence services personnel not in receipt of pension/ released before completion of 5 years of service eligible to the status of ESM?

Ans. The ESM status of retired defence services personnel is governed by the definition in vogue at the time of his release. As per the definition laid down by DOPT the individuals released before Jul 87 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 decided on its merit as per the definition in vogue at the time of his discharge

Q2 Grant of ESM status to pre- 1966 retirees.

Ans. 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.

Q3 Are Short Service/ Emergency commissioned Officers eligible to the status of ESM?

Ans. Yes, if released on completion of the specific period of engagement and were given gratuity at the time of release.

Q4 Whether the personnel of Defence Forces who joined SSC and subsequently released on extended period at their own request entitled to ex-servicemen status.

Ans. Yes, if such personnel were given a gratuity and discharged on reasons other than misconduct or inefficiency (honourably discharged).

Q5 Grant of ESM status to the personnel of Army Postal Service (APS).

Ans. 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 89 satisfying the above conditions only are eligible to the status of ESM.

Q6 Whether the Widow of ESM who have got re- married are entitled to the status of ESM.

Ans. No.

Q7 Whether the person discharged on plural marriage are entitled for ESM status ?

Ans. No.

Q8 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 ESM?

Ans. As per the clarifications obtained from AG's Branch, discharges are not blameworthy; 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 inefficient will, however, not be eligible to ESM status.

Q9 Are recruits eligible to the status of ESM?

Ans. Since a recruit is not a rank, they are Not entitled to the status of ESM. However, recruits who were/ are boarded out/ released on medical grounds and granted medical/ disability pension have been given the status of an ESM vide Government of India, Ministry of Defence, Department of Ex- Servicemen Welfare, Office Memorandum No 12/I/2005/D (Res) dated 01 Feb 2006.

Q10 Are the personnel recruited in the Indian Army before independence but subsequently opting for Pak Army after independence and discharged therefrom, eligible to the status of ex-servicemen?

Ans. As per the definition laid down by the Govt of India, to be eligible to the status of ESM the individual may have inter-alia served in the Armed Forces of the Indian Union and released therefrom. Such cases are, therefore, not eligible to the status of ESM.

Q11 Whether the services rendered by the retired defence services personnel as boy before grant the rank may be counted for total qualifying services for determining the status of individual as ESM?

Ans. No. To be eligible to ESM Status, the individual 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.

Q12 Are the persons re-employed in Para Military Forces, Defence Security Corps(DSC) and so on eligible to the status of ESM?

Ans. Services in the Para Military Forces, DSC so on does not entitle individual to ESM Status and as such is not to be counted for grant of status of ESM, even if such services may have earned a pension. However, if before joining Para Military Forces, the person was eligible for the status of ESM, he would be given the status of ESM. Para Military Forces cover Border Security Force, Central Reserve Police Force, Indo Tibetan Border Force, Assam Rifles and Railway Protection Force.

Q13 Are the personnel dismissed from the army for having taken part in freedom struggle, mutiny etc eligible to the status of ESM?

Ans. Yes, such cases are to be given the status of ESM as a special case if subsequently granted the status of Freedom Fighter.

Q14 Are more than one wife of deceased ESM in receipt of family pension eligible to the Status of ex-servicemen ?

Ans. Yes.

Q15 What does the discharges under Army Rule 13(3) (i) to 13(3) (v) mean? Are the individuals discharged under these clauses eligible to the ESM Status?

Ans. 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 enforced.
13(3)(ii): On completion of a period of army service only, there being no vacancy in the Reserve.
13(3)(iii): Having been found medically unfit for further service.
13(3)(iv) : At his own request before fulfilling the conditions of his enrolment.
13(3)(v): All other clauses of discharge. The individuals discharged under clauses 13(3) (I) to 13(3) (iv) are eligible to ESM status, if they fulfill other eligibility conditions as laid down in the definition in vogue at the time of their discharge. The status of discharges under Army Rule 13(3) (v), will, however, be governed by the actual cause of discharge.

Q16 Are the persons released under AA Section 18 (AHQ part II Order No 67 dt 27-7-80) eligible to the status of ESM?

Ans. Every person subject to this Act shall hold office during the pleasure of the President. The individual is not entitled to the ESM status.

Q17 Are the person in receipt of disability pension at the time of their discharge but not presently in receipt of the same eligible to the status of ESM?

Ans. Yes. Such cases are eligible to ESM status.

Q18 Are the persons released from the following units eligible to the status of ESM?
Indian Army Nursing Service
Indian Canteen Corps
AF(I) (The Niligiri Malabar Battalion East West Bn)
Bharat Scouts.
Non ISF personnel.
Bn Railway (D of I Corps)
VH Units-DOFI Corps
Border Scouts.
Ladakh Scouts.
Auxillary Force of India
32 UP Defence Bn.

Ans. As per the clarification received from Ministry of Defence (Historical Division), Woman Auxiliary Corps (India) and Auxiliary Forces of India figures in the list of Indian Army Units pertaining to the period of World War II/1941-1943. The personnel of the Woman Auxiliary Corps (India) and Auxiliary Force of India will, therefore, qualify to the status of ESM if they fulfill the other eligibility conditions as laid in the definition in vogue at the time of their discharge. The personnel of Nursing Service are also eligible to the status of ESM. Regarding other units, the matter is under reference to AG's Branch and further clarification will follow on receipt of details from them.

Q19 Are the persons discharged at their own request/ compulsorily retired and in receipt of pension eligible to the status of ESM?

Ans. Yes, such cases are eligible to ESM status.

Q20 Are the persons discharged with character assessed 'BAD' eligible to ESM status?

Ans. As per the definition laid down by the Government of India, the eligibility of retired Defence Services Personnel to the status of ESM is governed inter-alia by length of service, reasons for discharge, pensioner status etc as per the definition in vogue at the time of their discharge. The character of the person has no bearing on his eligibility to ESM tatus. Such cases will, therefore, qualify to ESM status if they fulfill the eligibility conditions as per the definition in vogue at the time of their discharge.

Q21 Are the persons released on reduction of Indian Army on Demobilisation eligible to ESM status?

Ans. Yes, if they fulfill the other eligibility conditions as laid down in the definition in vogue at the time of their discharge.