ENTITLEMENT OF DISABILITY PENSION TO ARMED FORCES PERSONNEL (VOLUNTARY RETIREES) : SUPREME COURT ORDERS

THE FOLLOWING INFORMATION IS POSTED FOR THE BENEFIT OF ALL VETERANS:----------------------------------------------In an order which would benefit a large number of armed forces personnel, the Supreme Court has ruled that disabled soldiers who opt pre-mature retirement at their own request are entitled to disability pension. Defence personnel with disabilities attributable to or aggravated by military service are eligible for disability pension. The government, however, had been refusing payment of disability pension to personnel who had left the forces voluntarily on compassionate grounds. The reason given for denial was that such personnel were technically not deemed to have been ?invalided out? of service. Upholding a Delhi High Court order, A division bench of the apex court comprising Justice P P Naolekar and L S Panta a few days ago dismissed a special leave petition (SLP) filed by the Central government against the high court order. Acting upon a petition filed by ex-soldier Mahavir Singh Narwal, a division bench of the HC, headed by Justice Vijender Jain had, in 2004, held that disabled personnel obtaining release on compassionate grounds would also remain entitled to disability pension. The Central government had gone into appeal in the case and the Supreme Court stayed the operation of the HC order till it passed final orders in January and dismissed the SLP. Entitlement Rules for disability pension notified by the central government in the year 1982, simply provide that an individual would be deemed to have been invalided if, at the time of release, he was in a lower medical category than the one in which he was recruited. Lawyer and author of a book on military benefits, Capt Navdeep Singh informed that the Army had also time and again taken up the issue for grant of disability pension for voluntary retirees with the central government and successive pay commissions but to no avail. The issue has also reportedly been taken up with the Sixth Pay Commission. The Pension Regulations for the Army provide that disability pension can be granted if a person is invalided out with 20 per cent or more disability. The Regulations further provide that persons discharged on completion of terms of engagement or attaining retirement age shall also be deemed to have been invalided out. Many ex-servicemen and lawyers have been contending that disability pension is granted as a compensation for injuries and diseases suffered due to military service and an early compassionate or voluntary discharge had nothing to do with the underlying reason behind such pension. For some more latest news, PLEASE CLICK HERE CLICK HERE FOR MOD ORDERS ON THE SUBJECT

(SOURCE : MAJ NAVDEEP SINGH'S INDIAN MILITARY BENEFITS BLOG)

Posted by Gavini VN at 10:24 Labels: Disability Pension to AFPers on Vol.ret.

1 comments:
Anonymous said... Sir, I Want to know about some medical category. I have completed my 16 years of service in Army and last month i got back bone problem and my medical category has downgraded to B2 permanent. Now army is planning to giving discharge of all low medical category people.Whether iam going home with out any medical benefits. Pls guide me. December 28, 2009 7:49 PM

Now, disability pension for voluntary defence retirees

Vijay Mohan Tribune News Service Chandigarh, October 12 In a move that would benefit a large number of disabled armed forces personnel, the Ministry of Defence has issued orders granting disability pension to those who have sought voluntary retirement before reaching the age of superannuation. Orders received by the three service headquarters from the MoD earlier this month state that the new provisions would be applicable to personnel who retired or were discharged at their own request on or after January 1, 2006. The pension regulations of the three services would be amended accordingly. Heretofor e, armed forces personnel retiring voluntarily were not eligible for any award on account of disability. Armed forces personnel who are retained in service despite disability, which is attributable to or aggravated by military service and have foregone lump sum compensation in lieu of their disability, may be given disability or war injury element at the time of their discharge, whether voluntary or otherwise, in addition to service pension and gratuity, the new orders state. While appreciating the move as a step in the right direction, some veterans felt the orders should have been implemented for all similarly placed personnel instead of fixing a cut-off date. In fact, a large number of disabled soldiers who left the services voluntarily had earlier moved various high courts against the provisions denying them disability pension. In many instances, the courts had granted relief to the affected pensioners. The courts had

ruled that disability pension for reasons attributable to military service could not b e denied. Meanwhile, the MoD also issued an order this week, granting full pay and allowances to officers for the entire period they were on sick leave or under hospitalisation. Till now, pay and allowances were stopped after a specified period. Interestingly, officers were at a loss on this account while personnel below officer rank were better placed as far as this regulation was concerned. The orders would be effective from September 1, 2008. Orders received by the service headquarters about a week ago state in case of grant of sick leave exceeding six months after the period of hospitalisation, full pay and allowances would be admissible to officers granted such leave up to the limits specified under the rules. Leave has to be on account of injury or sic kness attributable to or aggravated due to service conditions in accordance with the regulations.

Disability and Casualty Pensionary award notifications for both pre and post-2006 pensioners
The govt has published the orders for revision of disability / war injury / liberalised / special family pension(s). Separate orders have been issued for pre-2006 and post-2006 pensioners. The only negative aspect of the pre-2006 orders is that the old pensioners have not been shifted from the flat slab rates to the percentage rates as had been recommended by the 6th CPC. Only post 01st January 2006 retirees have been granted the benefit of percentage based system. Click here to access the notification for post -2006 retirees Click here to access the notification f or pre-2006 retirees Post-2006 orders in brief As earlier, disability pension shall comprise of two elements service element and disability element. Service Element of Disability Pension to be equal to Service Pension. Disability Element (DE) to be granted @ 30% of basic emoluments for 100% disability proportionately decreased for lesser disability. Basic emoluments to include basic pay, grade pay and MSP and NPA if applicable. DE shall be subject to a minimum of Rs 3100 for 100%

disability. In case disability is above 60%, the total disability pension shall not be less than 60% of emoluments last drawn subject to a minimum of Rs 7000. War Injury element for 100% disability shall be paid equal to total emoluments last drawn proportionately decreased for lesser percentage of disability. Of course this war injury element is paid in addition to the service element (service pension). Constant Attendance Allowance notified @ Rs 3000 per month. Special Family Pension shall now be subject to a minimum of Rs 7000 per month. Pre-2006 orders in brief For 100% disability, the rates of disability element stand increased to the following : Officers : Rs 5880 (Rs 11670 for War Injury element) JCOs : Rs 4300 (Rs 8600 for WIE) Other Ranks : Rs 3510 (Rs 7020 for WIE) Constant Attendance Allowance increased to Rs 3000 per month. Special Family and Liberalised Family Pension shall be subject to a minimum of Rs 7000 per month. Thank You. Posted by Navdeep / Maj Navdeep Singh at 6:07 PM Labels: Disability Pension, Pay Commission, Policy and Benefits

13 comments:

Regular said... Both (pre 06 & post 06) links point to the pre 06 order. Please rectfy the link. May 6, 2009 8:28 PM

Anonymous said... The orders for pre Jan 2006 retirees give practically no benefits, they are already getting what has been recommended.The diffence between pre Jan 2006 and post 2006 retirees is as good as 200%. Max for pre 2006 retirees is 5880 whileas max for post 2006 retiree Lt col is 37000+80 00+6000 is 15300. for higher ranks it will be more. Now it will become another case for OROP. Navdeep could you please comment if possible as this seems to be gross injustice to the disabled veterans.

May 6, 2009 11:17 PM

BC said... Dear Navdeep Sir, A heartiest thanks from a war wounded soilder. BC May 7, 2009 4:15 AM

Anonymous said... Can you please clarify if the disability pension is applicable to defense personnel after normal retirement.... May 7, 2009 6:07 AM

Navdeep / Maj Navdeep Singh said... Anony @ 11.17 You are absolutely right in your obsn. In fact the MAX of what a 100% disabled pre-06 retired Lt Col can get is close to Rs 6000 per month while the MIN of what a post-06 retired Lt Col would be about 16000. Unfair.

@BC Sir, what did I do ? I just posted the notifications :-) May 7, 2009 7:18 AM

bsk said... Dear Navdeep, DP orders for Pre2006 are unbelievable!!Why this discrmenation of this lot vis-a-vis Post2006 & ALL Civilians of all vintage??It is a massive & mischievies annomally created by ESM Dept of MOD!! 6CPC Recommendations,approved by GOI, clearly say DP at 30%of pay & nowhere saying that it is not to be given to pre2006 pensioners.Service Chiefs/HQ's & all ESM organisations(IESM,IESL etc )must reject this illogical move by baboos to further create disparities. Navdeep you are requested to do the needful,if you agree with my comments. May 7, 2009 1:31 PM

Anonymous said...

Clarifications on whether voluntary retirement personnel are eligible for disability pension is still awaited. May 7, 2009 1:46 PM

Navdeep / Maj Navdeep Singh said... Anony at 1.46. Clarification or no clarification, the Hon'ble Courts have already ruled that DP is admissible to Voluntary Retirees and the said view has been endorsed by the Hon'ble Supreme Court too. May 7, 2009 1:58 PM

B C Vasundhra said... Now what do we have to say!!!It is not the services which is being degraded It is the moral fabric of the Nation is being degraded. I ask a question is it the same principle and yard stick being applied for our civilian counterparts? Were the pre and post 2006 disabled were serving separate Ind Army? At least I will not be surprised if in near future similar mockery is done with bravery awards. Those who cannot respect living wounded veterans dont have any right to lay wreaths on the tombs of departed ones.Amen May 7, 2009 2:29 PM

mp said... Dear Navdeep, Each order being issued by the MoD is leading to new anomalies leading to further demoralisation/frustration amongst the serving and retired fraternity. It seems that it is a deliberate attempt on the part of bureaucracy to create so many anomalies that the AFs get jumbled up in prioritising them. Why can't the bureaucracy show some positive attitude towards AFs and have the orders vetted by service HQs before issuing them to avoid any further dissent. May 8, 2009 9:57 AM

Anonymous said... Cud u please post a comparative table between fauji vis a vis civilians with regards to disability pension. Thanks. May 11, 2009 8:09 PM

D.P.K. said... Dear Navdeep Thank you so much . I have learnt that teh Army HQ is contesting award of disabilty pension to officers - they say pension orders allwo fro DP to OR but not for

OfficersThey are contesting thsi in HC of Delhi It is unfair tos ay teh elast I am a officer with Gun shot wounds adn grenade blast and i have applied fo premature release I have been iformed that Iwill not be eligible for DP Is that legal on aprt of teh Army May 19, 2009 9:27 AM

Anonymous said... Dear Navdeep, Is a pensioner with disability authorised commutation on disability element? And is DA admissible on DE? Thanks November 3, 2009 9:34 PM