Supreme Court of India
Smt. Sulekha Rani v. Union of India and Ors.
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What the Court ordered
In view of the foregoing interpretation of the relevant rule, we are in complete agreement with the High Court that where a JCO is sought to be discharged on the ground of medical unfitness for further service, his case has to be dealt with strictly in accordance with the procedure contemplated in Clause I (ii) in Column 2 of the Table appended to Rule.
Judgment, page 7
From the headnote
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. . 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. . – 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…
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