EX-SEPOY (WASHERMAN) RAM KHILAWAN versus UNION OF INDIA & ORS.

EX-SEPOY (WASHERMAN) RAM KHILAWAN versus UNION OF INDIA & ORS.

Since discharge of appellant was under Rule 13(3)(III)(iii) for medical unfitness, it could not be effected without recommendation of Invalidating Board, and was thus not legally sustainable. Appellant is deemed discharged after 10 years' service and entitled to pension in addition to disability pension.

Parties
Appellant: Ex-Sepoy (Washerman) Ram Khilawan; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
02 September 2019
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Armed Forces Tribunal
Outcome
Appeals allowed. Discharge found unsustainable.
Legal Topics
Discharge From Service, Medical Unfitness, Army Rules, Invalidating Medical Board, Pension Entitlement
Service Law Discharge From Service Medical Unfitness Army Rules Invalidating Medical Board Pension Entitlement

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Parties

Ex-Sepoy (Washerman) Ram Khilawan

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Armed Forces Tribunal

Legal Issues

  1. 1 Whether the discharge of the appellant from service on medical grounds was proper under Army Rules, 1954, without recommendation of Invalidating Medical Board.
  2. 2 Whether the appellant was entitled to retention in service for 10 years and pension as per Army Order 46 of 1980.

Ratio Decidendi

Since discharge of appellant was under Rule 13(3)(III)(iii) for medical unfitness, it could not be effected without recommendation of Invalidating Board, and was thus not legally sustainable. Appellant is deemed discharged after 10 years' service and entitled to pension in addition to disability pension.

Court Disposition

Appeals allowed. Discharge found unsustainable.

Orders

  • Appellant deemed to be discharged on October 22, 1997 instead of August 31, 1993.
  • Appellant entitled to pension in addition to disability pension.