In a landmark judgment, Justice Hemant Prachhak of the Gujarat High Court directed the Indian Army authorities to issue an identity card of ex-serviceman to former personnel of the Indian Army for the treatment of his 13-year-old son.

The details of the case go back to eight years ago when former Army personnel Haresh Vithlani filed a writ petition in HC to get an ex-serviceman card from the Army authorities for his service of eight years and four months in the forces.

Vithlani took voluntary retirement from the service after his son was diagnosed with multiple mental and physical diseases. He was fighting to get the ex-serviceman card to treat his son in military hospital.

Army personnel background

The petitioner joined the Indian Army as a recruit clerk-ground duty (GD) in the Corps of Signals on May 15, 1987.

His first post was in MP’s Jabalpur. He was transferred to the infantry regiment of Grenadiers on Dec 5, 1989.

On Sept 15, 1995, he took voluntary retirement from the forces after serving the nation for eight years and four months.

The petitioner said that his son needed daily attention due to his illness and needed treatment at the military hospital in Jamnagar or Pune. He needs an ex-serviceman card for the same, which was not issued by the authorities during his voluntary retirement.

Petitioner’s year-long efforts

He applied for the issuance of an ex-servicemen identity card to the district sainik welfare office in Rajkot on Oct 7, 2014, and Sept 10, 2015.

Despite his efforts, the authorities cited the definition of ex-servicemen as per the central notification dated Oct 4, 2012, which says, “Those who have retired on or after July 1, 1987, are not eligible for the ex-serviceman card.”

They also said that the petitioner took a voluntary retirement, so he could not get the ex-serviceman card.

To this end, the petitioner argued that the norms of the definition change from time to time, and before the amendment of 1987, personnel with five years of service were also defined as ex-servicemen. 

Justice Prachhak admitted submissions and directed the authorities to issue him the card, citing a similar judgment of the Delhi High Court.

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