Ex Servicemen Pension under Army Rule 13 (3)  all Clauses Explained

Armed Forces personnel are retired generally after completion of terms of engagemen as per specific age and service requirement in public interest.  Some other type of release/discharge is on Medical grounds, Discharge at Own Request, Medically invalided out of service or discharge as undesirable soldier. Ex Servicemen Pension under Army Rule 13 (3)  all Clauses Explained in this article.

Whatever the reason may be , all kind of discharge of PBOR is covered under Army Rule 13(3) with various sub clauses covers the various reasons for discharge from the Indian Army.

1.     Army Rules for Discharge of JCOS

(a)      Army Rule 13(3)(I)(i)(a)  :  This clause covers Discharge of JCOs. 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.

(b)     Army Rule 13(3)(I)(i)(b)   This clause covers Discharge of JCOs at his own request on transfer to the pension establishment.

(c)     Army Rule 13(3)(I)(ii)(a)(i)   This clause covers Discharge of JCOs having been found medically unfit for further service.

(d)    Army Rule 13(3)(I)(ii)(a)   This clause covers Discharge of JCOs  – Drop in QR during Enhanced service period (Extension period).

(e)   Army Rule 13(3)(I)(iii)   This clause covers Discharge of JCOs  for all other classes of discharge including Drop in discipline/ ACR  criteria during Extension period of service.  Discharge as undesirable soldier is also comes under this rule.

2.   Army Rules for Discharge of NCOs/OR

(a)     Army Rule 13(3)(III)(i)    This clause covers Discharge of NCOs & OR   – On fulfilling the conditions of his enrolment or having rechecked the stage at which discharged may be enforced.

(b)    Army Rule 13(3)(III)(ii)    This clause covers Discharge of NCOs & OR   – On completion of a period of army service only, there being non vacancy in the Reserve.

(c)    Army Rule 13(3)(III)(iii)(a)    This clause covers Discharge of NCOs & OR –  Drop in QR during Enhanced service period (Extension period).

(d)    Army Rule 13(3)(III)(iii)(a) (i)    This clause covers Discharge of NCOs & OR – Having been found “medically unfit for further service” by Commanding Officer i.e Sheltered appointment not granted to LMC soldiers.

(e)    Army Rule 13(3)(III)(iv)    This clause covers Discharge of NCOs & OR –  At his own request before fulfilling the conditions of his enrolment.

Army Rule 13(3)(III) (v)    This clause covers Discharge of NCOs & OR – for all other classes of discharge including Drop in discipline/ ACR  criteria during Extension period of service.  Discharge as undesirable soldier is also comes under this rule.

Discharge of LMC (permt) soldiers due to unwilling to accept sheltered appointment  is now termed as “Discharge at own request” as per ER & GMO 2023 and  IHQ of MoD (Army) ID Note dated 08.07.2024 issued to all Record Offices.  Accordingly, the persons unwilling to accept sheltered appointment are not entitled to get Disability pension as per ER and GMO 2023.  Disability pension comprises Service element and disability element.

Discharge of LMC (permt) soldiers due to no sheltered appointment/ alternative appointment available in the unit is continued to be treated as invalided out of service as per ER and GMO 2023.

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