VidhiSangh

Supreme Court of India · 02/09/2019

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

[2019] 11 S.C.R. 1066 · 2019 INSC 987

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Summary

A washerman discharged after placement in a low medical category challenged the absence of an Invalidating Medical Board recommendation. The Court held that the substance of his discharge was medical unfitness, governed by the specific medical-discharge provision rather than the residual category. The discharge was unsustainable. He was deemed retained until completion of ten years, with pension relief but no salary arrears for the intervening period.

Issues

  1. Whether the discharge was governed by the medical-unfitness provision or the residual category.
  2. What consequential service and pension relief followed from omission of the Invalidating Medical Board procedure.

Provisions considered

Held

Result

The appeals were allowed. The appellant was deemed discharged on 22 October 1997 and granted pension relief, with arrears restricted to three years before filing the 2007 writ petition. Those arrears were to be paid within six months of receipt of the order; salary arrears were denied.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 1066.