Army Rules, 1954: r.13(3)(III)(v) – Army Jawan discharged from service under the provisions of r.13(3)(III)(v) – He died six years thereafter on 30 September 2007 – His wife (appellant) filed O.A. claiming pension in respect of service rendered by her deceased spouse in Indian Army on the ground that no Invalidation Medical Board was held prior to discharge of her spouse – Armed Forces Tribunal dismissed the O.A. – On appeal, held: Show cause notice issued to the spouse of the appellant was to the effect that he was medically unfit – r.13(3)(III)(v) is in the nature of a residuary provision – It covers all other classes of discharge or, in other words, discharge which does not fall under the preceding categories – The specific provision in regard to medical unfitness is provided in r.13(3)(III)(iii) where a person is found medically unfit for further service – The manner of discharge provided is, “only on the recommendation of an Invalidating Board – The discharge of the appellant’s spouse without convening an Invalidation Medical Board, therefore, suffer from an illegality – r.13(3)(III)(v) upon which reliance was placed had no application to the case – It would not operate in an area which is covered by medical unfitness – Appellant entitled to family pension – For the purposes of computing family pension, the service of the deceased spouse of the appellant is deemed to have continued until 30 September 2007 – Army Act, 1950.
Allowing the appeal, the Court
HELD: The discharge of the appellant’s spouse without convening an Invalidation Medical Board suffers from an illegality. The respondents have relied upon the response purportedly addressed by the Jawan to the notice to show cause issued to him. The provisions Rule 13(3)(III)(v) upon which reliance has been placed had no application to the case. It would not operate in an area which is covered by medical unfitness. The case of the appellant for grant of family pension deserves to be accepted. For the purposes of computing the family pension, the service of the deceased spouse of the appellant should be deemed to have continued until 30 September 2007. No arrears of wages shall be payable between the date of discharge and the date of death. The arrears of family pension shall be paid to the appellant within a period of three months from the date of receipt of a certified copy of this order. The appellant is accordingly held to be entitled to family pension. [Paras 10, 11] [858-A-D]
Dharamvir Singh v. UOI (2013) 7 SCC 316 ; Union of India v. Rajpal Singh (2009) 1 SCC 216 : [2008] 15 SCR 879 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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