Aug 15, 2024

Discharge of LMC soldiers with less than 15 years of service during crisis

Indian Military Veterans
Discharge of LMC soldiers with less than 15 years of service during crisis

Generally,
when transferred to LMC on account of a disability classified as disabled by the medical authorities during the examination of the previous medical board, the soldier must show his readiness or non-readiness taking into account all applicable rules, orders and guidelines of the Government of India. Indicated in the subject line. Under this policy, which is in force till June 2024, discharge of an LMC soldier on account of unwillingness to accept a protected status was treated as invalidation of his service. In such cases, a disability pension consisting of a service portion and a disability portion would be applicable, irrespective of the number of years of service. In such cases, he was allowed to receive a disability pension if he had served for at least 10 years with a disability. A sepoy who had served for 4 years was found to have received both service allowance and disability allowance at the time of dismissal. It has also been observed that soldiers who have served for 10 years and become disabled have been awarded disability pension in such cases.

On
8 July 2024, the Ministry of Defence (Army) IHQ announced a major change in the redundancy policy for LMC personnel. As per IHQ MoD (Army) (MP-3) Note No. B/10201/LMC/MP-3(B-III) dated 8 July 2024, dismissal due to non-willingness to accept protected employment is now termed as "dismissal" as per Army Regulation 13(3) item III(iv) of AR, 1954. Further, as per ER and GMO 2023, LMC soldiers who are voluntarily discharged are only entitled to disability compensation and the concept of service element has been completely abolished for such compensation/indemnity.

However,
if a commander does not recommend protected/alternative employment and refuses to retain such an LMC soldier for further service despite a willingness to accept protected employment, he or she will be treated as unfit for service and will continue to serve after completion of service. Disability Determination CNY - at least 1% - equivalent, eligibility for service pay and disability pay. In such cases, those who declare their reluctance to accept protected employment and this is forwarded to the relevant archive along with DO Pt-II orders will be dismissed from service and will no longer be entitled to disability pension issued by the public authority. There is a service portion (equal to service pension) and a disability portion. In such cases, those who have not completed the minimum period of service (i.e. 15 years) are only allowed a disability compensation of about Rs 5,000 per month subject to at least 20% disability assessment in RMB. Such a small amount is not enough to support their families and such economic drought may make survival extremely difficult.

In
such circumstances, the only option is to submit a revised option regarding willingness to accept protected employment along with a request for cancellation of the previous option. The commanders of the affected units are expected to consider these implications of the government policy change with a view to a rational approach.

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