In Brief
An ex-Havildar (non-commissioned officer) in the Indian Army who suffered a stroke and was discharged during his extended tenure due to permanent low medical category sought ex-gratia compensation. Although the Armed Forces Tribunal granted him disability pension and rounded it off from 80% to 100%, the Supreme Court dismissed his claim for ex-gratia compensation. The Court held that while statutory regulations deemed him invalidated for pension purposes, this deeming fiction does not extend to the ex-gratia compensation policy. Ex-gratia compensation requires that personnel be 'boarded out of service on account of disability attributable to or aggravated by military service'—a condition he failed to meet since he was discharged under the conditions of extended tenure for permanent low medical category."
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