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
- Whether the residual discharge power could be used without the required Invalidating Medical Board.
- What pension relief followed after the soldier’s death.
Provisions considered
- Rule 13(3)(III)(iii) and (v), Army Rules, 1954The specific medical-unfitness category required an Invalidating Board; the residual category could not be used to avoid that procedure. (¶ 7–10)
Held
- A residual provision applies only to cases not covered by a specific category. Medical unfitness was expressly covered, so the response to a residual-rule show-cause notice did not validate discharge without the Board. (¶ 8–10)
- The Release Medical Board provision inserted on 29 May 2010 did not apply to the earlier discharge. (¶ 8)
- For family-pension computation alone, service was deemed continued until death on 30 September 2007. This did not carry entitlement to wages between discharge and death. (¶ 11)
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.