NDLI: Smt. Sulekha Rani Vs. Union of India and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Army Rules pension in respect of service 1954 Army Jawan discharged from service
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Army Act, 1950 (46 of 1950)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
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.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.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 769
Petitioner	Smt. Sulekha Rani
Respondent	Union Of India And Ors.
SCR	[2019] 9 S.C.R. 851
Judgement Date	2019-07-16
Case Number	1280

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