Case Note & Summary
The appeal arose from a judgment of the Armed Forces Tribunal (AFT) at its Principal Bench, New Delhi, which dismissed the Original Application filed by Smt Sulekha Rani, the widow of a deceased Army Jawan, seeking family pension. The appellant's spouse was enrolled in the Army on 23 April 1994 and posted at the Siachen Glacier from 13 September 1998. He was in SHAPE 1 medical category but was downgraded to low medical category P2 on 30 August 2000. He was then shifted to a counter insurgency area in Jammu and Kashmir on 19 November 2000 and discharged from service on 31 August 2001. About six years after discharge, he died on 30 September 2007, leaving behind the appellant and their children. The appellant claimed that no Invalidation Medical Board was held prior to discharge, relying on the decisions in Dharamvir Singh v UOI and Union of India v Rajpal Singh. The respondents contended that a show cause notice was issued under Rule 13(3)(III)(v) of the Army Rules, 1954, and the Jawan accepted his discharge. The Supreme Court examined Rule 13(3)(III) of the Army Rules, which provides specific categories for discharge. Rule 13(3)(III)(iii) mandates that discharge on ground of medical unfitness must be carried out only on the recommendation of an Invalidating Board. The residual provision under Rule 13(3)(III)(v) applies only to cases not covered by specific heads. Following the precedent in Rajpal Singh, the Court held that the discharge without convening an Invalidation Medical Board was illegal. The Court directed that for computation of family pension, the service of the deceased spouse should be deemed to have continued until 30 September 2007, with no arrears of wages between discharge and death. The arrears of family pension were to be paid within three months. The appeal was allowed, setting aside the AFT judgment.
Headnote
A) Army Law - Discharge on Medical Grounds - Invalidation Medical Board - Rule 13(3)(III)(iii) of Army Rules, 1954 - Discharge of a soldier on ground of medical unfitness must be carried out only on recommendation of an Invalidating Board; resort to residual provision Rule 13(3)(III)(v) is impermissible when specific provision exists - Held that discharge without Invalidation Medical Board is illegal (Paras 8-10). B) Army Law - Family Pension - Deemed Service - Rule 13(3)(III)(iii) of Army Rules, 1954 - Where discharge is illegal, the deceased soldier's service is deemed to have continued until date of death for computation of family pension - Held that appellant entitled to family pension with no arrears of wages from discharge to death (Para 11).
Issue of Consideration
Whether the discharge of the appellant's spouse without convening an Invalidation Medical Board was valid, and whether the appellant is entitled to family pension.
Final Decision
Appeal allowed. Impugned judgment of Armed Forces Tribunal set aside. Appellant entitled to family pension. Service of deceased spouse deemed to have continued until 30 September 2007. No arrears of wages from discharge to death. Arrears of family pension to be paid within three months. No order as to costs.
Law Points
- Invalidation Medical Board mandatory for discharge on medical unfitness
- Residual provision cannot override specific provision
- Presumption of sound health on entry
- Family pension deemed service continuity
