Rule 13 of Army Rule 1954 is related to Discharge from service of Armed Forces Personnel and officers. The competent authority to sanction the discharge of the Armed Forces retirees have been scheduled in this Rule which seems to be most important.
Statutory declaration : The matter discussed in this article is part of Army Rule 1954 and it is available in the public domain as open source. Hence nothing to hide and the matter is not classified as restricted or any other security classification .
The discharge of Army personnel, including Junior Commissioned Officers (JCOs), Other Ranks (ORs), and officers, can occur through various methods. Here are some common ways in which Army personnel can be discharged:
Discharge of Junior Commissioned Officers (JCOs) and Other Ranks (ORs) are of various categories as under :-
Discharge on Superannuation – Personnel are discharged upon reaching the maximum age limit for their rank and service, which is generally around 35-37 years of service or upon reaching a specific age, typically 54 years for JCOs and 48 years for ORs.
Release on compassionate grounds (PMR) or discharge at own request – Personnel can choose to retire voluntarily after completing a certain number of years of service. They may be eligible for pension benefits based on their years of service. Soldiers facing severe family hardships may be considered for discharge on compassionate grounds to support their families.
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Invalidment – If a soldier is found medically unfit for further service due to injuries or health conditions incurred during service, placed in medical category lower than SHAPE-1 , they may be invalided out of the Army with appropriate medical benefits. Recent orders ER 2023 for casualty pensionary awards defines invalid pension clearly. You may have a look through the article.
Dismissal or Discharge as a Result of Disciplinary Actions: Personnel involved in serious disciplinary or criminal offenses may be dismissed from service.
Some Specific Army Rules
(a) Army Rule 13(3) I (i) (b) of AR 54 – JCOs who have discharged from service at their own request (PMR) before completion of their terms of engagement .(b) Army Rule 13(3) II (i) (b) of AR 54 – WOs who have discharged from service at their own request (PMR) before completion of their terms of engagement.
(c) Army Rule 13(3) III (iv) of AR 54 – NCOs/OR who have discharged from service at their own request (PMR) before completion of their terms of engagement under.
(d) Army Rule 13(3) III (iii) of AR 54 – NCOs/OR Having been Commanding Officer. Found medically unfit for further service. This clause is applicable to discharge due to not granted Sheltered Appointment.
(e) Army Rule 13(3) I (ii) of AR 54 – JCOs Having been Commanding Officer. Found medically unfit for further service. This clause is applicable to discharge due to not granted Sheltered Appointment.
You may read the actual provision of Army Rule 13 (3) which defines the type of discharge and its sanctioning authority.
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13. Authorities empowered to authorize discharge.
Rule 13 (1) – Each of the authorities specified in column 3 of the Table below shall be the competent authority to discharge service person subject to the Act specified in column 1 thereof on the grounds specified in column 2.
- Rule 13 (2) – Any power conferred by this rule on any of the aforesaid authorities shall also be exercisable by any other authority superior to it.
Rule 13 (2A) – Where the central Government or the Chief of the Army Staff decides that any persons subject to the Act should be discharged from service, either unconditionally or on the fulfillment of certain specified conditions, then, notwithstanding anything contained in this rule, the Commanding Officer shall also be the competent authority to discharge from service such person or any person belonging to such class in accordance with the said decision.
- Rule 13 (3) In the table “commanding officer” means the officer commanding the corps or department to which the person to be discharged belongings except that to the case of junior commissioned officer and warrant officer of the Special Medical Section of the Army Medical Corps, the “commanding officer” means the Director of the Medical Services, Army, and in the case of junior commissioned officer and warrant officers of Remounts, Veterinary and Farms Corps, the “Commanding officer” means the Director Remounts, Veterinary and Farms.
TABLE
| Category | Grounds of discharge | Competent authority to authorize discharge | Manner of discharge |
| 1 | 2 | 3 | 4 |
| Junior Commissioned officers. Rule 13 (3) – | I. (i) (a) On completion of the period of service or tenure specified in the Regulations for his rank or appointment, are on reaching the age limit whichever is earlier, unless retained on the active list for further specified period with sanction of the Chief of the Army Staff or on becoming eligible for release under the Regulations. I(i) (b) At his own request on transfer to the pension establishment. I (ii) Having been found medically unfit for further service. I (iii) All other classes of discharge. | Commanding Officer Commanding Officer, Commanding Officer. (a) In the case of junior commissioned officers granted direct commissions during the first 12 months service Area/Divisional Commander | To be carried out only on the recommendation of an Invaliding Board. If the discharge is not at the request of the Junior Commissioned officer the competent authority before sanctioning the discharge shall if the circumstances of the case permit give the junior commissioned officer concerned an opportunity to show |
| Warrant Officer – Rule 13 (3) | II. (i) (a) On completion of the period of service or tenure specified in the Regulations for this rank or appointment, or on reaching the age limit, whichever is earlier, unless retained on the active list for a further specified period with the sanction of the Brigade/Sub Area Commander or on becoming eligible to release under the Regulations. (b) At his own request on the transfer to the pension establishment. | In the case of JCOs, not covered by (a), serving in the Army or Command the General Officer Commanding- in-Chief of that Army or command if not below the rank of Lieutenant General. In any other case the Chief of the Army Staff. Commanding Officer | cause against the order of discharge. |
| Personnel enrolled under the Act who | (ii) Having been found medically unfit for further service. (II). (iii) All other classes of discharge (i) On fulfilling the conditions of his enrolment or having rechecked the stage at which discharged may be enforced. | Commanding Officer Warrant officer Class-I the General Officer Commanding-in Chief of the Command in which the warrant officer serving. Other warrant officer, Divisional Area of Independent Brigade/Sub Area Commanders. Commanding officer and, in the case of a person of the rank of havildar (or equivalent rank) where such person is to be discharge. Otherwise than at his own request and whether the commanding officer below the rank of Lieutenant Colonel, the brigade or sub Area Commander, (SRO 116/65). Commanding Officer | To be carried out only on the recommendation of an Invaliding Board. If the discharge is not at the request of the warrant officer the competent authority before sanctioning the discharge shall, if the circumstances of the case permit give the warrant officer an opportunity to show cause against the order of the discharge. |
have been attested | III. (ii) On completion of a period of army service only, there being non vacancy in the Reserve. III. (iii) Having been Commanding Officer. Found medically unfit for further service. III. (iv) At his own request before fulfilling the conditions of his enrolment. | (in the case of persons unwilling to extend their Army Service). Commanding officer Commanding Officer Brigade/Sub Area Commander | Application to person enrolled for both Army service and Reserve. (A person who has the right to extend his Army Service and wishes to exercise that right connot be discharge under this head). To be carried out only on the recommendation of an invaliding Board. The Commanding officer will exercise the power only when he is satisfied as to the desirability of sanctioning application and the strength of the unit will not thereby be unduly reduced. |
| Persons enrolled under the Act but not attested | (v) All other classes of discharge. All classes of discharge | Commanding officer or officer Commanding Recruit reception Camp, or a Recruiting. Technical Recruiting or Deputy Technical Recruiting officer | The Brigade or Sub Area Commander before ordering the discharge shall, if the circumstances of the case permit give to the person whose discharge is contemplated an opportunity to show cause against the contemplated discharge In the case of persons requesting to be discharged before fulfilling the conditions of their enrolment, the commanding officers will exercise this poser only where he is satisfied as to the desirability of sanctioning the application that the strength of the unit will not thereby be unduly reduced. |
NOTES
- A CO who considers it desirable to retain on the active list a JCO or WO who is desirous of continuing to serve beyond the date on which he would ordinarily be retired, should forward an application to that effect six months before that date. In all other cases discharge should be carried out in accordance with the provisions of ARs11 and 12. For definition of CO see AA. s. 3 (v).
- When compulsory discharge of a JCO or WO or OR is sought on grounds of misconduct, the authority competent to sanction the same should satisfy itself that trial by court-martial of such a person is inexpedient or impracticable for reason other that probable failure to establish the charges, and that further retention in service of the individual is undesirable.
In all cases of discharge under items 1 (III), II (iii) or III(v) competent authority sanctioning the same must, if the circumstances of the case permit, give the person concerned an opportunity to show cause against the order of discharge.
- The discharge certificate for a person discharged under item I(iii) will specify the particular cause of discharge: –
e.g., On resignation of his commission.
On transfer to the pension establishment for a specified reason.
Compulsory, with gratuity.Service no longer required.
The discharge certificate for a person discharged under item II (iii) will specify the particular cause of discharge –
e.g., On resignation of his warrant.
On transfer to the pension establishment for a specified reason.
Compulsory, with gratuity.
Service no longer required.
The discharge certificate for a person discharged under items III (v) and IV will specify the particular cause of discharge –
e.g., Irregular enrolment.
Compulsory transfer to pension establishment, or discharge with gratuity, for a special reason.
At his own request before fulfilling the conditions of his enrolment.
Services no longer required.
On completion of army service only, there being no vacancy in the Reserve (in the case of persons willing to extend their army service). Having reached the stage at which discharge may be enforced (in the case of persons of the rank of havildar, or equivalent rank, otherwise that at their own request).
- See AR 18 for date from which discharge takes effect.
- In no case discharge can be made retrospective, AR 18(3), nor can a valid discharge be cancelled without the person’s consent (AR 11 (2).
