This is in response to the number of queries received by me asking on the policy subject for employees of Central Government as well as of those of PSUs. Readers have been specifically asking the rules allowing them to join the Territorial Army.
In this regard, may I draw their attention to the ruling given by Department of Public Enterprise, Government of India.
Readers may open http://dpe.nic.in/ and keep clicking in the following fashion:
DPE Guidelines/Chapter II/Service Matters/Para 14.
GOI Deptt of pers & Adm- DPOT -OM no 39021/3/84 estt dated 24/1/85 grants permission to govt servants to join TERRITORIAL ARMY
ReplyDeletethere exist GUIDLINES in RBI Ministry of Finanace, STATE govt Rule\circular etc
BUT the employer's are NOT encouraging such facilities in their own selfish attitude COMPROMISING with NATIONAL security
STATUS OF TA OFFICER
ReplyDelete*INFANTRY Officer’s of the Territorial Army* are Combatants subject to -INDIAN ARMY ACT 1950 Conferred as Commissioned Officers of Indian Armed Forces* with designation of ranks corresponding to those of INDIAN COMMISSIONED officers of Regular Army by His excellency PRESIDENT of INDIA ipso-facto enjoys distinctive pleasure of unambiguous constitutional rights Privileges\Preferential Treatment in extenso & totality
▼
DUAL profession
Legitimately allowed Authority Liability for Military Serviceas when called out to act in support of the nation or embodied for training , supplementing the regular forces or attached to any Army unit either at own request or under the prescribed conditions by GOI
Reinstatement
on termination of the military Training\ Embodiment under condition not less favorable, which would have been applicable had his employment not been so interrupted due to such mandatory military training.civil Govt employment (while in Territorial Army service) is fully reckonable as commissioned service alike period of absence in civil govt for such military Training treated as on Duty
in Civ.Govt .Dept\ministry\PSU -GOI \ DPE guidelines
Chapter II C 14 service matter
m\o home affairs memo & Deptt of pers7Adm reforms OM no- 39021/3/84-estt© dt 24/1/85
legally empowered
to prefix military title to nameAuthorized to military uniform on national functions me
Auth-Indian Constitution Act
-Defense service Regulation.
-INDIAN ARMY Act 1950TERRITORIAL ARMY Act 1948 rrvised 1976
Granted the status
of Discharged central Govt employeesConsidered
as retrenched employees an acrimony for EXSERVICEMAN
Autrity
-Ministry of Labor & employment DIRECTOR General Employment & Training DPOT cir no 643/95-EsttD dt 20july 1995
Equvolance to Civ govt servant
- TERRITORIAL ARMY *MAJOR* Status- quo with civil Govt
CLASS I GROUP A GAZETTED
officer’s in Pay Band 3
IAS – Dy. Secretary to GOI
IPS – SSP\SP\DCP\AIG
IFS – CCF
IDAS- Joint CDA
IRS – Joint Commissioner
Authority ;- VI Pay Commission \ President’s Secretariat GOI Notification No.33/pers/79 amended- Oct 2008
TA is a second line of defense after the Regular INDIAN ARMY
ReplyDeleteThe Member of the Territorial Army are subject to INDIAN ARMY ACT 1950 governed by the same GOI, Rule\Order|/Act, DEFENSE SERVICE REGULATION, Regulations for the ARMY, PENSION REGULATIONS 1961 etc as applicable to the corresponding personnel’s of the India Army
As per Government Order dated 30.10.1987 which clarified that all the members of Territorial “Army will be entitled to same benefits as made applicable to Indian Army and this matter has been further clarified by the Government Order dated 03.02.1998.
Accordingly Armed Forces Tribunal, Principal Bench at, New Delhi Order dated 19.02.2010 granted late entrant pension to the TERRITORIAL Army Officer vide Army pension regulation applicable to Territorial Army equally to their counterparts in Regular Army
AS per DG E&T .ministry of labor & EMPLOYMENT
ReplyDeleteservice manual part1
NESM/ Part.I/Vol.I 75 para-11.38
TA Persons engaged on the permanent staff of the Territorial Army service for varying periods, and on discharge some of them revert to part-time employment in the Territorial Army itself. This part time employment only means a period of training, the duration of which may range from 30 to 60 days in a year. Persons who serve on the Permanent staff for a period of Six months or more and who on discharge revert to part-time employment in the Territorial Army are to be considered as Discharged Central Government Employees.
TA persons who are engaged on the permanent staff for a limited number of years should be considered as Discharged Central Government Employees
Normally two types of personnel are employed in the Territorial Army, those employed on a part-time basis , and those employed on a full-time basis on the permanent establishment. Obviously, persons falling in the first category and discharged from the Territorial Army should not be considered as Ex-Servicemen e.g - TA personnel’s of NON INFANTRY units called -Departmental TA units of Railway, IOC, ONGC, Telecommunication and General Hospital etc
The term Part time volunteer force is subjective, depending on what is considered similar to a Military Force, and what status a Force is considered to have. The nature of TASK therefore varies greatly according to the speaker and the context.
ROLE /DUTY/CONCEPT/OF TERRITORIAL ARMY
ReplyDeleteAS PER ARMY ORDER 77/1984 –
The Territorial Army is part of the regular Indian Army. The present role of the Territorial Army is to relieve the Regular Army from static duties and assist civil administration in dealing with natural calamities and maintenance of essential services in situations where like of the communities is affected or the security of the country is threatened, and to provide units for the Regular Army as and when required.
as per ARMY order 370/1970-
Territorial Army Personnel shall be treated as retrenched Central Govt. Employees for purpose of orders contained in M/O Home Affairs No. 4/13/54/RPS dated 14th Jan 1955 provided they have serviced on the pmt staff of a TA unit or have been embodied for service under TA Rule 33for a continuous period of not less then 6 month for this purpose of Age relaxation their entire period of embodiment (embodied) Service including broken periods in the Territorial Army shall be taken into account.
TERRITORIAL ARMY is undoubtedly intended primarily to support the Indian army in its operational requirement. Regular Army personnel are posted in TA units according to a carefully planned manning policy so that TA units can in times of war or hostilities be able to provide effective support to the Army .TA is a Force under the direct command of INDIAN ARMY being an integral part of it, & the function\ Role and organization are similar to those of INDIAN ARMY.
The history, composition, administration, organization and role of territorial army clearly shows that TA is an integral part of the Armed Forces and the Members of TA can legitimately be said to be members of the Armed Forces within the meaning of Article 33. It is undoubtedly a departmental construction agency as contended on contended on behalf of the petitioners but it is distinct from other construction agencies such as Citizens army volunteer force\part time army etc., in that it is a force intended primarily to support the army in its operational requirement. Army personnel are posted in TA units according to a carefully planned manning policy so that TA units can in times of war or hostilities be able to provide effective support to the Army. The Tenure of Officer of Regular Army personnel in TA units is regarded as normal regimental duty and is equated with similar appointments in the Army for the -purpose of promotion, career planning etc. Even the directly recruited personnel of TA are given training at the ARMY REGIMENTAL Centre before they are posted and the training given is in three military infantry units. Thus the functions and duties of TA are integrally connected with the operational plans and requirements of the ARMED FORCES and the members of TA are "Integral to the Armed Forces". There can be no doubt that without the efficient and disciplined optional role of TA the military operations in border & insurgency effected\militancy infested areas during peace as also in times of war will be seriously hampered and a highly disciplined and efficient TA is absolutely essential for supporting the operational plans and meeting operational requirements of the Armed Forces. Therefore, it can be said that the members of TA answer the description of "members of the Armed Forces" within the meaning of Article 33 and consequently the application of Section 21 of the Army Act to the members of TA can be said to be protected by that Article and the fundamental rights of the members of TA can be said to be validly restricted by Section 21 read with rules 19 to 21 of the Army Rules."
ReplyDeleteDefinition of ex-servicemen:
ReplyDeleteEligibility to the status of ex-servicemen of ex-Armed Forces personnel is governed by the definition of ex-servicemen issued by the Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions. The status of ex-servicemen of ex-Armed Forces personnel is decided based on the definition in vogue at the time of retirement/ release/discharge of the personnel.
The first definition of ex-servicemen had been notified by the DOP&T in 1966 and subsequently it was amended eight times. As per the existing definition, laid down by the Department of Personnel & Training(DOP&T), Ministry of Personnel, Public Grievances & Pensions, which has been in vogue since 01 Jul 1987, an ex-servicemen means a person:
Who has served in any rank whether as a combatant or non- combatant in the regular Army, Navy or Air Force of the Indian Union but does not include a person who has served in the Defence Security Corps (DSC), the General Reserve Engineering Force (GREF), the Lok Sahayak Sena and the Para Military Forces:
a) who has retired from such service after earning pension; or
b) who has been released from such service on medical grounds attributable to military service or, circumstances beyond his control and awarded, medical or, other disability pension; or
c) who has been released, otherwise than at his own request, from such service as a result of reduction in establishment; or
d) who has been released from such service after completing the specific period of engagement, otherwise than at his own request or, by way of dismissal or, discharge on account of misconduct or, inefficiency, and has been given a gratuity.
e) The personnel of Territorial Army (TA) who are pension holders for continuous embodied service, persons with disability attributable to military service and gallantry award winners released on or after 15 Nov 1986 are eligible to status of ex-servicemen.
f) Personnel of the Army Postal Service (APS) retired directly from APS itself, without reversion to P&T Department or who have been released on medical grounds attributable to military service/circumstances beyond their control and awarded medical/disability pension are eligible to status of ex-servicemen.
for TA it is based on pension \gallantry awaed for others it is GRATUITY
seniority in psu of exservicemanseniority in psu of exserviceman
ReplyDeleteOnly the last basic pay drawn in the army is protected or no. of increments for the no. of commissioned service rendered in military is accorded. No seniority is granted.
DeletePlease refer judgement in legal portal of india kanoon web where ex-serviceman vs sbi court verdict .