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 s trictly in accordance with the procedure contemplated in Clause I (ii) i n Column 2 of the Table appended to Rule.
Judgment, page 7
From the headnote
Army Rules, 1954: r.13(3)(III)(v) – Army Jawan disch arged 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 – Arm ed Forces Tribunal dismissed the O. . – On appeal, held: Show cause notice issued to the spouse of the appellant was to the effe ct that he was medically unfit – r.13(3)(III)(v) is in the nature of a residuary
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