As reported by the Global Military Justice Reform Blog, the
Colombian High Court (the Apex Court of Colombia) has rendered a landmark
decision wherein it has ruled that disabled soldiers cannot be summarily discharged from the military on the grounds of unfitness unless such an
exercise is undertaken in an objective and fair manner with recorded reasons.
The Court has also held that such soldiers should be retained in administrative
jobs.
This is reflective of a landmark decision of the Delhi High Court, which, following a Supreme Court decision, had ordered the
reinstatement (with full backwages and consequential benefits) of thousands of
soldiers summarily discharged from service on medical grounds by the Army HQ in
2007.
The stark discrimination between civilian employees and military
personnel in this regard, not only related to protection of service but also to
pensionary benefits, has been discussed on this blog before.
Long live the Constitutional Courts!
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