AS 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.
Organization are similar to those of INDIAN ARMY. In today’s difficult situation theTERRITORIAL 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. T.A. is a Force under the direct command of INDIAN ARMY being an integral part of it, & the function\ Role and security and safety of the countrymen is not only into the hands of valiant men of Indian Army.
The security and integrity of Indian borders in JAMMU & KASHMIR and in NORTH EAST are being dealt by valiant men working voluntarily on full time basis in various permanent staff appointments in TERRITORIAL ARMY units on LOC,& IN COUNTER INSURGENCEY effected areas with lateral coordination with RR battalions and are other Military Forces
i) In Section 3:-
(a) For Clause (v) the following clause shall be substituted namely:-v) xxxxx
(b) In Clause (xii) after the words "or the Territorial Army" of a person belonging to the General Reserve Engineer Force holding therein a position equivalent to that of Junior Commissioned Officer of the "Regular Army" shall be inserted."
Annexure-C also further clarifies the position, which reads as under:-
"Sub: DECLARATION OF ALL PERSONS SUBJECT TO ARMY ACT AS ON
ACTIVE SERVICE.
1. Orders have been issued vide Govt. of India, Ministry of Defence Gazette Notification No. 6-E dated 28 Nov.62 (Army Order 517/62- refers) that all persons subject to Army Act, shall wherever they may be serving, be deemed to be active service within the meaning of Section 9 of the Army Act read in conjunction with Clause (i) of Army Act Section 3.
2. Since Army Act Sections 3 and 9 are both applicable in the case of Territorial army personnel. provisions of aforesaid Gazette Notification will equally apply in the case of Territorial army personnel, it has been clarified vide- TERRITORIAL ARMY ACT Personnel being subject to Army Act, the provisions of Ministry of Defence l equally apply to them"
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.
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.
Organization are similar to those of INDIAN ARMY. In today’s difficult situation theTERRITORIAL 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. T.A. is a Force under the direct command of INDIAN ARMY being an integral part of it, & the function\ Role and security and safety of the countrymen is not only into the hands of valiant men of Indian Army.
The security and integrity of Indian borders in JAMMU & KASHMIR and in NORTH EAST are being dealt by valiant men working voluntarily on full time basis in various permanent staff appointments in TERRITORIAL ARMY units on LOC,& IN COUNTER INSURGENCEY effected areas with lateral coordination with RR battalions and are other Military Forces
i) In Section 3:-
(a) For Clause (v) the following clause shall be substituted namely:-v) xxxxx
(b) In Clause (xii) after the words "or the Territorial Army" of a person belonging to the General Reserve Engineer Force holding therein a position equivalent to that of Junior Commissioned Officer of the "Regular Army" shall be inserted."
Annexure-C also further clarifies the position, which reads as under:-
"Sub: DECLARATION OF ALL PERSONS SUBJECT TO ARMY ACT AS ON
ACTIVE SERVICE.
1. Orders have been issued vide Govt. of India, Ministry of Defence Gazette Notification No. 6-E dated 28 Nov.62 (Army Order 517/62- refers) that all persons subject to Army Act, shall wherever they may be serving, be deemed to be active service within the meaning of Section 9 of the Army Act read in conjunction with Clause (i) of Army Act Section 3.
2. Since Army Act Sections 3 and 9 are both applicable in the case of Territorial army personnel. provisions of aforesaid Gazette Notification will equally apply in the case of Territorial army personnel, it has been clarified vide- TERRITORIAL ARMY ACT Personnel being subject to Army Act, the provisions of Ministry of Defence l equally apply to them"
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.
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