Why Army Rule 13 is Important ?
JCOs/OR are discharged from service for various reasons mainly on completion of coloured service, Discharge at own request or discharge due to medical grounds. Authorities for sanction of the discharge are different as causes of discharge vary. All kinds of discharge of JCOs/OR are covered under Army Rule 13. Rank wise and cause wise authority for discharge from service are here :-
Army Rules Applicable to Discharge of JCOs
(a) Army 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.
(b) Army Rule 13(3) I (i)(b) At his own request on transfer to the pension establishment.
(c) Army Rule 13(3) I (ii) Having been found medically unfit for further service.
(d) Army Rule 13(3) I (iii) All other classes of discharge.
Army Rules Applicable to Discharge of NCOs/OR
(a) Army Rule 13(3) III (i) – NCOs/OR discharged from service after completion of their terms of engagement/age limit.
(b) Army Rule 13(3)III (ii) – NCOs/OR discharged from service On completion of a period of army service only, there being non vacancy in the Reserve.
(c) Army Rule 13(3) III (iii) – NCOs/OR Having been found medically unfit for further service by the Commanding Officer. Discharge due to non availability of sheltered appointments is covered under this Army Rule. This rule is not applicable to discharge due to sheltered appointments unwilling.
(d) Army Rule 13(3) III (iv) – NCOs/OR who have discharged from service at their own request (PMR) before completion of their terms of engagement – of AR 54.
(e) Army Rule 13(3) III (v) – NCOs/OR discharged from service for any reason other than mentioned at ser no (a) to (d) above. Discharge due to unwilling to accept sheltered appointment is covered under this Army Rule. Sub Rule 2A is applicable here.
Army Rule 13 Sub Rule 2A – Where the Central Government or the Chief of the Army Staff decides that any person or class or 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.
Army Rules Applicable to Discharge of Recruits (Not attested)
Army Rule 13(3) (IV) – Recruits discharged from service for any reason. Recruits when discharged from training establishment on medical grounds or unbecoming conducts or failed to qualify army training are also covered under this Rules.