VidhiSangh

Supreme Court of India · 16/07/2019

SMT. SULEKHA RANI versus UNION OF INDIA AND ORS.

[2019] 9 S.C.R. 851 · 2019 INSC 769

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Discharge of the soldier on medical grounds without an Invalidating Medical Board was unlawful. The residual discharge provision could not replace the specific medical-unfitness procedure, and the later amendment allowing discharge through a Release Medical Board did not apply to his 2001 discharge. His widow was awarded family pension on deemed continuation of service until his death, without wages for the intervening period.

Issues

  1. Whether the residual discharge power could be used without the required Invalidating Medical Board.
  2. What pension relief followed after the soldier’s death.

Provisions considered

Held

Result

Appeal allowed without costs; Tribunal judgment set aside. Widow entitled to family pension based on deemed service until 30 September 2007. Pension arrears payable within three months of receipt of a certified copy; no intervening wage arrears.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 851.