VOLUNTARY RETIREES ENTITLED TO DISABILITY PENSION
Tribune News Service Chandigarh, May 30
The Armed Forces Tribunal has held that an individual is entitled to disability pension along with regular pension even if he has taken voluntary premature retirement.
There have been many instances where the authorities concerned have been denying disability pension to military personnel who opted for pre-mature retirement owing to their low medical category.
Granting disability pension to a Brigadier who retired in 2004 along with arrears since the date he retired with 12 per cent interest, the Tribunal overruled the contention of the government that Regulation 50 of the Pension Rules did not entitle voluntary retirees to disability pension.
“After discussions, we have held that even if the incumbent may seek pre-mature retirement, he is still entitled to the disability element of pension,” the Bench said. The Bench observed that in the present case, the incumbent sought pre-mature retirement after completing 33 years and four-month service. A medical board had assessed his disability to be 30 per cent, which was attributed to and aggravated by military service.
He had earlier petitioned the Army headquarters and the Controller of Defence Accounts (Pensions), over the issue, but to no avail. Thereafter, he sought legal redressal to his grievance.
Voluntary retirees entitled to disability pension
Can the disabled expect immediate payment of arrears?
From past experience one wonders if court orders will be respected by MoD or GOI! ESM are made to run from pillar to pillar to seek justice.
1 comment:
Thank god we have an AFT in place. I only hope that the AFT will consider a voluntary retiree with disability not attributable to military service in the same way. What fault of a soldier if he develops a disease during service and who is at the mercy of the doctors to decide if it is attributable. Officers and soldiers are trained under rigourous conditions, serve in difficult terrains and hardly have a family life. Yet if he develops a disease in his 19th year of service, and the officer decides to leave the army honorably( rather than being held in pity by the Army HQ for postings and by the troops he commands)he is treated almost like a pariah. No benefits, no ECHS and worse still cannot even call himself a ex-serviceman.But at 20 years service, BINGO! You are entitled to everything. Is this justice to a man who has given his youth in service to to the armed forces. Let's hope that the powers that be realise this one day.meanwhile BRAVO to the AFT Chandigarh. They have taken the first step
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