In Brief
An ex-Sepoy (Washerman) was discharged from the Indian Army on medical grounds after being placed in Low Medical Category due to CNS Seizure, though he had completed only 5 years 11 months of service. The Armed Forces Tribunal upheld the discharge. The Supreme Court allowed the appeal, holding that discharge on medical grounds must follow the mandatory procedure of Rule 13(3)(III)(iii) via an Invalidating Board, not the residual clause. The Court deemed him entitled to ten years' service (standard for Other Ranks), thus discharge should have been on October 22, 1997. He was awarded pension benefits (in addition to disability pension) and arrears of pension for three years before filing his petition, but not salary arrears under the 'no work, no pay' principle.
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