In the matter of Santosh Devi vs. Union of India (UOI) and Ors. (06.05.2016 - SC)

Supreme Court observed that terms and conditions of service of personnel belonging to the regular Indian Army and the personnel belonging to Territorial Army are governed by two different Acts. The former is governed by Army Act 1950 while the latter is governed by the Territorial Army Act 1948. It is implicit in Section 9 of the Territorial Army Act that when the person enrolled in the Territorial Army is not called out during that period of disembodied state, he is not subjected to the provisions of the Army Act. It is thus clear from the statutory scheme that a fine distinction is made between regular army personnel and personnel enrolled in territorial army. Further distinction has to be made between the Territorial Army personnel who are embodied and those who are in disembodied state. It is only when the Territorial Army personnel get embodied, which means that when they are called out or attached to any portion of the regular army for active duty, that the provisions of Army Act 1950 are applied to the Territorial Army personnel. When the Territorial Army personnel are in a disembodied state i.e., when they are not called out or attached to any portion of the regular army for active duty, then the Territorial Army Act 1948 governs the service conditions and this is the statutory scheme.