- 1 - HC-KAR NC: 2025:KHC-D:11807 WP No. 100466 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO.100466 OF 2014 (S-RES) BETWEEN: SUHAS RAMACHANDRA KINDOLKAR S/O. RAMACHANDRA KINDOLKAR, AGED ABOUT 72 YEARS, OCC: RETD. GOVT. SERVANT, R/O. RAIKAR CHAWL, SADASHIVAGAD, KARWAR-581532. …PETITIONER (BY SRI. SANGRAM S.KULKARNI, ADVOCATE FOR SRI. V.P. KULKARNI, ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, DHQ PO, NEW DELHI-110001. 2. ADDL. DEPUTY GENERAL PERSONNEL SERVICES, ADJUTANT GENERAL BRANCH, ARMY HEADQUARTERS, DEHQ PO, NEW DELHI-110001. 3. OFFICR OF C.G.D.E WEST BLOCK V, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11807 WP No. 100466 of 2014 R.K. PURAM, NEW DELHI-110056. 4. ABHILEKHA KARYALAYA RECORD OFFICE, MADRAS ENGINEERING GROUP, P.O.NO. 4201, BANGALORE-560042. 5. PCDA (PENSION) DRUPADI, ALLAHABAD, UTTAR PRADESH. …RESPONDENTS (BY SRI. M.B.KANAVI AND SRI. K.B.NAVALAGIMATH, ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE SENIOR RECORD OFFICER, ABHILEKHA KARYALAYA, RECORD OFFICE, MADRAS ENGINEERING GROUP VIDE ANNEXURE-B IN NO.1365427/PN/LC/124 DATED 16.11.2012 AND THE ORDER PASSED BY THE SENIOR RECORDS OFFICER, MADRAS ENGINEERING GROUP IN NO.1365427/PN/LC/126 DATED 21.11.2012 AND DIRECT THE RESPONDENT HEREIN TO PAY DISABILITY PENSION TO THE PETITIONER FROM THE DATE OF DISCHARGE OF THE PETITIONER FROM SERVICE AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11807 WP No. 100466 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, petitioner seeks the following reliefs. (i) quash the impugned order passed by the Senior Record Officer, Abhilekha Karyalaya, Record Office, Madras Engineering Group vide Annexure B in No.1365427/PN/LC/124 dated 16-11-2012 and the order passed by the Senior Records Officer, Madras Engineering Group in No. 1365427/PN/LC/126 dated 21-11-2012 and direct the Respondent herein to pay disability pension to the Petitioner from the date of discharge of the Petitioner from service. (ii) Pass such other order or orders as may be deemed fit and necessary in the facts and circumstances of the case.” 2. Learned Senior Central Government Standing Counsel for the respondents has filed a memo enclosing a copy of the resolution, taken by the respondents on 29.08.2025. The said memo and resolution read as under: “MEMO The Advocate for the respondents humbly submit that, in the matter the Union of India has taken a decision to extent free medical facility and award of disability ex- gratia for the cadets of similarly situated (copy enclose). Hence, the memo may be taken on record and WP may be disposed of in the interest of justice.” Dharwad 11/09/2025 Sd/- (M.B.Kanavi) Senior Central Government Counsel - 4 - HC-KAR NC: 2025:KHC-D:11807 WP No. 100466 of 2014 “Government extends ECHS Facilities for Medically Boarded-Out Officer Cadets from military training Posted On: 29 AUG 2025 4:00PM by PIB Delhi Reaffirming its commitment to the dignity and well- being of the armed forces, the Government has approved the extension of Ex-Servicemen Contributory Health Scheme (ECHS) facility to officer cadets who are invalidated from training on medical grounds attributable to or aggravated by military training. Cadets who join prestigious institutions like NDA, OTA and IMA with the aspiration to serve the nation, often suffer lifelong disabilities but are currently not eligible for ECHS as they are not granted ex-servicemen (ESM) status This measure is applicable to cadets who have been medically boarded out prior to completion of training and is also extendable to future similar cases. Considering the humanitarian nature and financial burden on families, the Government has approved quality medical care for such cadets without creating a precedent for other categories. The grant of ECHS facilities shall be subject to the following conditions: 1. Apply for membership of ECHS and accept ECHS rules 2. Avail facility for individual only 3. Avail free OPD services from ECHS Polyclinics 4. Avail cashless OPD/IPD/Investigations in ECHS empanelled Hospitals 5. Should not be member of any other Government Health Scheme The one-time subscription fee (i.e Rs1.20 lacs currently applicable to ESM officers) will not be charged from the officer cadets towards joining the ECHS Scheme. - 5 - HC-KAR NC: 2025:KHC-D:11807 WP No. 100466 of 2014 While a small number of cadets annually are affected, the financial and emotional burden on their families is significant. In such instances, the practice is to extend a monthly ex-gratia payment to such cadets. In addition, based on the extent of disability (20% to 100%), a monthly ex-gratia disability award is also made available to such cadets. With this approval, these cadets will now be eligible for availing cashless and capless healthcare facilities under ECHS. ECHS was launched in April 2003 for Ex-servicemen and their dependents by utilizing the existing medical infrastructure of Armed Forces and private empanelled/ government hospitals across the country. It has 30 Regional Centres (RC) and 448 Polyclinics (PCs) pan India with a total beneficiary base of approximately 63 lakhs. It has 3000+ Empanelled Health Care organisations under its network.” 3. Learned counsel for the parties submit that having regard to the aforesaid resolution / decision dated 29.08.2025, the impugned order at Annexures-B & C dated 16.11.2012 and 21.11.2012 respectively passed by the concerned respondents may be set aside and the matter be remitted back to the concerned respondents for reconsideration afresh in accordance with law by leaving open all contentions and bearing in mind the aforesaid resolution dated 29.08.2025. 4. In view of the aforesaid facts and circumstances and submission made by both sides, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order vide Annexures- - 6 - HC-KAR NC: 2025:KHC-D:11807 WP No. 100466 of 2014 B and C dated 16.11.2012 and 21.11.2012 respectively and remit the matter back to the concerned respondents for reconsideration on merits afresh in accordance with law bearing it in mind the aforesaid resolution dated 29.08.2025 within a period of 3 months from the date of receipt of a copy of this order. 5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R. KRISHNA KUMAR) JUDGE EM, CT:VH List No.: 1 Sl No.: 7