NEW DELHI, SEPT 20: In a significant ruling, the Supreme Court has held that if a non-commissioned Army personnel was dismissed under Army Act, he would not be entitled to pensionary benefits.Setting aside a Delhi HC order, it said, ``In the case of non-commissioned officers other ranks and non-combatants (enrolled), the dismissal of such a person under the Army Act would render him ineligible for pension or gratuity.''
``The President, however, has a right, in the case of a person dismissed under the provisions of the Army Act but in exceptional circumstances and at his discretion to grant service pension at a rate not exceeding that for which the individual concerned would have otherwise qualified had he been discharged on the same day,'' the apex court said.
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