New Delhi, January 16, 2008 (DefenceIndia News Service)

The Delhi High Court on Tuesday has stayed the Indian Army's decision to discharge about 3,000 personnel from service on medical ground and allowed them to continue in office till the disposal of a petition filed by the axed personnel.

Issuing a show-cause notice to Centre and Chief of Army staff, a Division Bench of Justice A K Sikri and Justice J M Mallik in a recent order has sought response from them May 14.

The Bench stayed the Army Headquarters October 2007 order to remove about 3,000 personnel form their service and directed the Army to allow them to continue with their service till the disposal of the case here.

In a batch of petitions, filed through their counsel Abhik Kumar and Siddharth Shankar Ray, the petitioners alleged that the Indian Army, in violation of its own rules and regulations for the Medical Services of Armed Forces, has selected the personnel to discharge them from their service.

Seeking quashing of their discharge order issued by Army Headquarters, the counsel submitted that before conducting medical tests on the personnel, the department should have constituted an Invalidating Board and thereafter taken a decision to remove them from the service on medical ground.

In April 2007, a letter was issued from Army Headquarters in which it was stated that to liquidate the surplus manpower in the force, the Army has reviewed its policy on Management of Low Medical Category (LMC) for personnel below officer rank.

"In the interest of smooth manpower management, discharge of existing permanent LMC personnel will be carried out in a phased manner...," the letter said.

In October last year, the Army had identified 26,706 personnel to discharge them from their service on medical ground.

PTI