Armed Forces Tribunal

Invalidation out of service and low medical category release

Reviewed by Adv. Jyotishwar Bhosale · Updated 10 November 2026

What invalided out means

The 2023 Rules say an Invaliding Medical Board is held for armed forces personnel recommended by medical authority for invaliding out of service solely on medical grounds.2

They also say that personnel placed in SHAPE-5 and boarded out of service by a Competent or Appellate Authority, on an Invaliding Medical Board's recommendation, before completing their terms of engagement, shall be treated as invalided out of service.1

Invaliding out matters because both the 2008 and 2023 Entitlement Rules describe it as a condition precedent for considering disability pension.31

Low medical category and release

Under Rule 5(e) of the 2023 Rules, JCOs, warrant officers and other ranks in permanent low medical category who are discharged because no alternative employment suitable to their category can be provided are treated as invalided out.1

Regulation 95 of the Army Pension Regulations, 2008 (Part I) similarly says that low medical category personnel (other than category E) discharged for want of suitable alternative employment are deemed to have been invalided out under the Entitlement Rules. The Regulation still names the 1982 Rules.4

The 2008 Entitlement Rules also allow the disability element for personnel who retire or are discharged on completing their terms of engagement in a low medical category, provided the disability is accepted as not less than 20%. The 2023 Rules treat this differently: see the next paragraph.3

The 2023 Rules replace the disability element for retirees with Impairment Relief, and Rule 18(c) says personnel in temporary or permanent low medical category are not eligible for it; those in low medical category (For Life) may be eligible only if a Retention cum Impairment Assessment Board was held, a Retention in Service Order was issued and Capitalized Impairment Relief was forgone.52

The 2023 Rules state that officers or other personnel who are not granted re-employment or an extension for not meeting the laid-down medical standards are not deemed to have been invalided from service.1

Capitalized Impairment Relief paid when a person is retained in service is treated, under the 2023 Rules, as full and final settlement of all service liabilities for that disability or war injury.6

Invalid pension and the 10-year rule

The Army Pension Regulations, 2008 (Part I) allow an invalid pension or invalid gratuity for personnel invalided out on a disability in Category A of Regulation 82. Regulation 59 sets the minimum qualifying service for invalid pension at 10 years or more.7

The 2023 Rules say that persons invalided out with a Category A disability (neither attributable nor aggravated) are eligible for Invalid Pension, subject to completing 10 years of reckonable service or being declared medically unfit for service both in the military and in civil employment.1

Both texts use a 10-year figure, but the 2023 Rule adds the alternative of being declared medically unfit for both military and civil service. The two instruments are of different dates, so which wording applies to a person depends on the facts and should be checked with an advocate.71

The 20 per cent threshold

In Sukhvinder Singh v. Union of India (2014), the Supreme Court noted that counsel for the Union had failed to disclose any provision empowering the invaliding out of a person whose disability is below 20 per cent.8

The Court said that wherever a member of the armed forces is invalided out of service, it has to be assumed that the disability was found to be above 20 per cent.9

Taking a dispute to the Tribunal

Pension and other retirement benefits are service matters under the Act, and a person aggrieved by an order on a service matter may apply to the Tribunal.1011

The sources read for this page do not cover the procedure for invaliding out itself or how to challenge an Invaliding Medical Board outcome beyond Rule 18 of the 2023 Rules, so this page says nothing further on those points.

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Frequently asked questions

What does invalided out of service mean?

Under the 2023 Rules, personnel placed in SHAPE-5 who are boarded out by a Competent or Appellate Authority on an Invaliding Medical Board's recommendation, before completing their terms of engagement, are treated as invalided out of service.1

If I was discharged in a low medical category at the end of my engagement, can I get a disability element?

The 2008 Entitlement Rules allow the disability element to personnel who retire or are discharged on completing their terms of engagement in a low medical category, provided the disability is accepted as not less than 20%. The 2023 Rules replace the disability element for retirees with Impairment Relief, and Rule 18(c) says personnel in temporary or permanent low medical category are not eligible for it; those in low medical category (For Life) may be eligible only if a Retention cum Impairment Assessment Board was held, a Retention in Service Order was issued and Capitalized Impairment Relief was forgone. Which Rules apply depends on your dates, so check with an advocate.352

Am I treated as invalided out if I was discharged because there was no alternative job for my low medical category?

Rule 5(e) of the 2023 Rules treats JCOs, warrant officers and other ranks in permanent low medical category discharged for want of suitable alternative employment as invalided out. Regulation 95 of the Army Pension Regulations, 2008 (Part I) says the same for low medical category personnel other than category E.14

How many years of service do I need for invalid pension?

Regulation 59 of the Army Pension Regulations, 2008 (Part I) sets the minimum qualifying service for invalid pension at 10 years or more. The 2023 Rules refer to 10 years of reckonable service, or being declared medically unfit for service in both the military and civil employment.71

Can a person with less than 20 per cent disability be invalided out?

In Sukhvinder Singh (2014), the Supreme Court noted that no provision had been shown empowering the invaliding out of a person whose disability is below 20 per cent, and said that wherever a member is invalided out it has to be assumed that the disability was above 20 per cent.89

Related

Sources

  1. Entitlement Rules 2023, Rule 5(a), 5(c), 5(d), 5(e) and 5(f) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 5(a), 5(c), 5(d), 5(e) and 5(f); Rule 5(a), 5(c), 5(d), 5(e) and 5(f), PDF pages 5 to 6. Read the source
  2. Entitlement Rules 2023, Rule 18(a), 18(c) and 18(d)(ii) and (iv) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 18(a), 18(c) and 18(d)(ii) and (iv); Rule 18(a), 18(c) and 18(d)(ii) and (iv), PDF pages 14 and 16. Read the source
  3. Entitlement Rules 2008, Rule 4(a) — Entitlement Rules for Casualty Pensionary Awards to Armed Forces Personnel, 2008 (MoD letter dated 18 January 2010, with Appendix), Rule 4(a); Rule 4(a), PDF page 2. Read the source
  4. Pension Regulations for the Army 2008 Pt I, Regulation 95 — Pension Regulations for the Army, 2008, Part I, Regulation 95; Regulation 95, PDF page 61. Read the source
  5. Entitlement Rules 2023, Rule 4(i), 4(m), 4(n), 4(p) and 4(s) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 4(i), 4(m), 4(n), 4(p) and 4(s); Rule 4(i), 4(m), 4(n), 4(p) and 4(s), PDF pages 4 to 5. Read the source
  6. Entitlement Rules 2023, Rule 6(b) and 6(c) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 6(b) and 6(c); Rule 6(b) and 6(c), PDF page 6. Read the source
  7. Pension Regulations for the Army 2008 Pt I, Regulations 58(a) and 59 — Pension Regulations for the Army, 2008, Part I, Regulations 58(a) and 59; Regulations 58(a) and 59, PDF page 42. Read the source
  8. Sukhvinder Singh v. Union of India (Supreme Court, 2014), para 6 — Sukhvinder Singh v. Union of India and Ors., Civil Appeal No. 5605 of 2010, Supreme Court of India, decided 25 June 2014; Para 6. Read the source
  9. Sukhvinder Singh v. Union of India (Supreme Court, 2014), para 9 — Sukhvinder Singh v. Union of India and Ors., Civil Appeal No. 5605 of 2010, Supreme Court of India, decided 25 June 2014; Para 9. Read the source
  10. AFT Act 2007, section 3(o)(i) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 3(o)(i); section 3(o)(i) (text as reproduced on Indian Kanoon). Read the source
  11. AFT Act 2007, section 14(2) and 14(3) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 14(2) and 14(3); section 14(2) and 14(3) (text as reproduced on Indian Kanoon). Read the source

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This page is general information about the law. It is not legal advice and does not create an advocate–client relationship. Laws and rules change; check the current text or consult an advocate about your facts.