Supreme Court Asks Centre To Frame Welfare Scheme For Cadets Outboarded Due To Training Disabilities

The Supreme Court urged the Centre to frame a welfare scheme for armed forces cadets outboarded due to disabilities sustained during military training
The Supreme Court on Tuesday urged the Union Government to formulate a comprehensive welfare scheme for cadets who are outboarded from the armed forces after suffering disabilities during military training, particularly those who fall outside the protection of the Rights of Persons with Disabilities Act, 2016.
A Bench of Justices B.V. Nagarathna and Manmohan called upon Additional Solicitor General (ASG) N. Venkataraman, appearing for the Union of India, to obtain instructions from the concerned authorities on framing such a scheme.
The Court observed that the provisions of the Rights of Persons with Disabilities Act may not extend to outboarded cadets whose benchmark disability is below 40%, leaving them without adequate statutory protection despite having suffered injuries during military training.
The Bench also directed the respondent departments to reconsider the recommendations of the Sabharwal Committee, observing that the present proceedings were intended to improve the conditions of outboarded cadets.
"We expect that certain favorable recommendations would be emanating from the respondent-departments in this regard," the Court observed.
At the same time, the Bench clarified that it was not examining whether such cadets should be granted the status of "ex-servicemen" but instead sought suggestions on the best possible welfare measures that could be extended to them.
During the hearing, the Court noted that a distinction must necessarily exist between cadets who could not be commissioned due to injuries sustained during training and officers who successfully completed training and were inducted into the armed forces.
Justice Nagarathna observed: "Don't expect that you will straightaway be called ex-servicemen for all purposes. You may be referred to as ex-servicemen loosely, but at the same time there should be some distinction, no?"
The Bench emphasised that a "realistic extension of benefits" should nevertheless be evolved for such cadets.
The Court further suggested that States and Union Territories consider extending reservation benefits to outboarded cadets under the quota meant for ex-military personnel, observing that such a measure would significantly improve their employment prospects.
It also recorded its appreciation for those States and Union Territories that have already treated outboarded cadets as ex-servicemen for employment purposes.
Clarifying the scope of the proceedings, the Court said the pendency of the present matter would not prevent individual cadets from pursuing relief before High Courts. It further permitted revival of petitions that may have earlier been disposed of solely because of the pendency of the present proceedings.
During the hearing, Senior Advocate Rekha Palli, appearing as amicus curiae, highlighted disparities in ex gratia payments made to different categories of trainees. She pointed out that an officer trainee receives ₹12,240 per month (including dearness allowance), whereas a jawan trainee recruited before attestation receives ₹18,000 per month.
Responding to the Court's queries, ASG Venkataraman submitted that the Ministry of Defence and the Ministry of Finance had already filed affidavits stating that lifetime medical treatment under the Ex-Servicemen Contributory Health Scheme (ECHS) had been extended to outboarded cadets.
He further informed the Court that the 8th Pay Commission had been constituted and would examine enhancement of the monthly ex gratia payment payable to such cadets. Liberty, he submitted, could be reserved for affected persons to make representations before the Pay Commission.
Recording the submissions, the Court observed that a separate welfare mechanism was required for outboarded cadets not covered by the disability law.
The Bench noted: "The provisions of the said Act may not be applicable to the cadets, particularly those whose benchmark disability is less than 40%. Therefore, for those cadets who are nevertheless outboarded... a suitable scheme must be prepared and extended to them."
The Court also observed that outboarded cadets should be entitled to seek the benefit of reservation in public employment under Section 34 of the Rights of Persons with Disabilities Act, wherever applicable, and expressed hope that the Union Government would approach the issue with a greater degree of compassion.
The matter will be considered further after the Union places its response before the Court.
Background of the Case
It is to be noted that on March 24, the Court had pressed the Union government for a status update in a suo motu case concerning disability benefits for military cadets, underscoring that such proceedings must not be reduced to a mere formality.
On March 10, the Court had recorded the submission of the ASG that the three service chiefs had already made positive recommendations aimed at improving the condition of cadets who were boarded out due to injuries or disabilities sustained during training. However, the matter remained inconclusive because the recommendations had not yet been approved by the Defence Ministry and the Finance Ministry.
The Bench had also noted that on January 20 it had granted six weeks’ time to the Union government to consider the issue. “However, there has been no progress in the matter. We fail to understand why, despite this Court taking up the issue suo motu, there has been no response from the Defence Ministry as well as the Finance Ministry,” the Court observed.
The Bench had further pointed out that the present time was particularly appropriate for addressing the matter, given that the Finance Act, 2026 was still under consideration. According to the Court, this provided an opportunity to account for the expenditure required to provide financial assistance to the affected cadets.
Taking note of the circumstances, the Court had adjourned the matter by two weeks to allow the Defence Ministry and the Finance Ministry to consider the recommendations made by the three service chiefs and take a decision on extending monetary benefits to the affected cadets.
Previously, in October 2025, the Court had asked the Centre to come up with a scheme for out-boarded military cadets so that they can be rehabilitated. "It is expected that a scheme of facilities and amenities would be provided to these out-boarded officer cadets so that they could be rehabilitated, both medically as well as otherwise, in their future life," the Court said.
On September 5, 2025 the Court had appointed retired Justice and Senior Advocate Rekha Palli as the amicus curiae in the suo motu case concerning cadets who were medically discharged during training at elite academies like the NDA and IMA.
The court had also recorded appreciation for the Union governments' quick response for the issues faced by cadets after Additional Solicitor General Aishwarya Bhati informed the bench that a status report had been filed.
Case Title: In Re: Cadets Disabled in Military Training Struggle
Bench: Justices B V Nagarathna and Ujjal Bhuyan
Hearing Date: August 4, 2026
