In Brief
A widow claimed family pension after her husband, a soldier, was discharged from the Indian Army on grounds of medical unfitness six years before his death. The discharge order did not follow the mandatory procedure requiring an Invalidation Medical Board. The Supreme Court held that when discharging a soldier for medical unfitness, the specific statutory procedure must be strictly followed. The residuary discharge provision cannot apply to medical unfitness cases. The soldier's acceptance of the discharge notice did not cure the procedural illegality. The Court allowed the appeal, granting family pension and deeming the deceased's service as continuing until his death.
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