IMPORTANT ASPECTS OF DISABILITY PENSION

IMPORTANT ASPECTS OF DISABILITY PENSION

INVALID PENSION

Whenever an individual is invalided out from service under the following clauses on completion of minimum 10 years of qualifying service and his disability pension claim is rejected then he is eligible for Invalid Pension. The minimum rate of Invalid Pension is Rs. 3500/- pm + DA. wef 01 Jan 2006 as per recommendation of VIth CPC.

(a) On having been found medically unfit for further service in IAF.

(b) Being medically unfit for present trade and unwilling to remuster to other trade.

There are certain important aspects of Disability Pension, which must be known by all personnel who are in low medical category. These aspects are: -

a) The entire disability pension is exempted from income Tax.

(b) The disability pension is granted for the rank held by an individual at the time of onset of

last attributable/aggravated disease/injury and not for the rank held by him at the time of his

discharge from service in RMB cases. However, if an individual invalided out of service under clause mentioned in (a) or (b) above is granted disability pension for the rank in which he is invalided out.

(c) Like other pensions, merging of 50% DA as Dearness Pay + DA on total is admissible on

disability pension also.

(d) Disability pension normally consists of two elements: -

(i) Service element of disability pension and

(ii) Disability element of disability pension

(e) Both disability and service elements (together) are entitled only when the individual is

discharged under clause mentioned in Para 3 (a) & (b) above.

(f) For those individuals who are invalided out of service on medical grounds by an IMB and

who fulfill the primary conditions for grant of disability pension as per Para 153 of Pension

Regulations, their disability pension will consist of disability element as well as service element. However those individuals who discharge before 15 years (airmen) / 20 years (NC(E)) of service but were not invalidated out of service on medical grounds, are not eligible for disability pension as per Para 153 of Pension Regulation, such individuals will not be entitled for service element of disability pension and will only get disability element of disability pension.

(g) For those individuals who were initially given Service Pension/ Invalid Pension and who

subsequently become eligible for disability pension, they will get only Disability Element of

disability pension in addition to their SP/IP.

(h) Personnel are entitled to get commuted portion of Service Pension / Invalid Pension /

Service Element / Disability Element. However, this provision on disability element is available only if the disability is accepted first time for life and not through RAMB at a later date.

(i) The deficiency in service for eligibility to Service Pension/Invalid Pension cannot be

condoned if an individual is invalided (IMB case).

(j) The personnel who are invalided out of service solely on medical grounds under Med

Cat “ApGp”, with a minimum of 20% disability with at-least one year of service are entitled to get disability benefit PAYABLE FROM AFGIS that is worked out as follows:

Disability Benefit = (Insurance Cover X Disability %) + Survival Benefit

2 100

NOTE- 1. Cases of Alcoholism, Drug Addiction, self-inflicted Injury (Disability arising out of attempted suicide or intentional acts resulting in criminal conviction) are not eligible for

this Disability Benefit from AFGIS.

2. This benefit is also not admissible to an individual who discharge under clause

mentioned in Para 3 (b) above.

ADVISE ON DISABILITY PENSION TO INDIVIDUAL CLAIMANTS

This office is receiving a series of representations and claims from ex-airmen/NCs (E) on account of disability pension. A large number of representations are sent to VIPs like President, Prime minister, Defence Minister, CAS etc. with strong emotional appeal to grant disability pension. A large number of court cases are being fought in the courts of law on the issue of eligibility of disability pension. Since the rejection rate of disability pension is in the region of 90%, therefore, almost all the representations are forwarded by those individuals who feel that they should have got the disability pension but their case for disability pension has been rejected. We would like to clarify here that eligibility to disability pension is not an emotional issue. The eligibility of disability pension is based on

the existing rules and regulations on the matter. Therefore, we would like to advise the individuals who are expecting to get the disability pension on following lines: -

(a) If you have been invalided out or have been discharged / superannuated with medical

category lower than “Cat A4G1” then eligibility to disability pension concerns you.

(b) You must take pains to understand as to what disability pension is and why and how it is

given. If the rule position is not clear in the mind of the individual then harping on an emotional issue does not help in getting disability pension.

(c) It must be clearly understood that disability pension is not meant as a compensation

for all disabilities acquired by an individual during his service career. It is primarily meant as a compensation for those disabilities only, which are attributable to or aggravated by military service.

(d) Eligibility to Disability Pension purely depends upon specialist medical opinion of

initial Medical Board. Therefore, the findings of COI/Injury Report, in case of injury and the

recommendations of IMB/RMB/RAMB in case of disease are very critical.

(e) While traveling on leave (to and from) with FRW / CV, without FRW/CV, on Annual Leave

or Casual Leave, if any injury is met during journey period (starting from duty station and

reaching upto leave station and vice versa through main route) then the injury is attributable to service. Any injury sustained at the leave station is not (R) not attributable to service. Any leave cannot be treated as ‘duty’. The term ‘duty’ has been defined in detail in the

“Entitlement Rules for Pensionary Awards to Defence personnel, 1982”.

CONCLUSION

Disability Pension is basically compensation to an individual for a disability, which has been caused due to Military Service. It is not a compensation for all other kinds of disability, which have no direct relation with Military Service. As per the rules given in Pension Regulations a very fair decision is given on this matter by the concerned agencies. Disability Pension primarily depends upon the specialist medical opinion of the released/invalid medical board. Therefore, there is a need to understand the eligibility conditions of disability pension. There is also a need to understand the importance of specialist medical opinion on this matter. Our experience indicates that over 90% of

cases, which are considered for disability pension, are rejected on the basis of specialist medical opinion as given by RMB/IMB. It is, therefore, important that the concept of disability pension is clearly understood by the retiring airmen and NCs (E) clearly.

Note:

The Indian Army being the major contributor to the number of disabled/invalided out soldiers is keeping silence over a number of issues on disability/invalid and war injury pensions.  A number Specialist medical opinions has been rejected by the PCDA(P) is a cause of concern.  The recent judgments by the Armed Forces Tribunal on the subject is a clear evidence that the laid down rules on disability/invalid pensions/war injury pensions are violated by the guardians of the rules.

This post is taken from the Indian Air Force Website.  Readers are welcome to visit Indian Air Force Website for more information.  The rules & regulations quoted above are basically/equally applicable to Army and Navy also.  There may be slight variations here and there.  Our sincere thanks to the Indian Air Force authorities for publishing such a valuable information for the benefit of disabled soldiers.

It is important that the Indian Army should come out more detailed hand book on defence pension.  Their website is to be updated with more useful information to the veterans.

LANDMARK JUDGEMENT ON DISABILITY PENSION

3 MILITARY DOCTORS FACE COURT MARTIAL 

JAIPUR ARMED FORCES TRIBUNAL DELIVERS A LANDMARK JUDGMENT

Three senior military doctors, including an Air Commodore, could face a court martial over what the Armed Forces Tribunal has found to be “callous manner, inhuman approach and failure of performance of duty” while handling the case of a jawan who had suffered 100 per cent disability in the line of duty.

In a scathing order, the tribunal has imposed a fine of Rs 1 lakh on the doctors and ordered disciplinary action against them. 

Havildar Moharsingh of Rajasthan had received multiple injuries on head and other parts of the body while travelling in an Army truck during Operation Falcon near Tawang in February 2002. After a six-month hospital stay in Pune, Command Hospital, Lucknow, suggested that he be invalided out.The invaliding medical board assessed his disability of motor neuron disease as 80 per cent for life and attributed it to military service. His case was forwarded to the Principal Controller of Defence Accounts (Pensions), which rejected his claim for disability pension on the grounds that it was constitutional in nature and not related to military service.

Moharsingh went for an appeal medical board (AMB), which described the percentage of his disability as nil and held that the disability suffered by him was not attributable to or aggravated by military service. 

Thereafter, he sought judicial redressal to his grievances.The tribunal summoned the petitioner and looking at his pathetic condition wherein he was brought in on a stretcher, it ordered the Commandant of the Military Hospital, Jaipur, to medically examine him.The medical board held last month assessed his disability as 100 per cent and attributed it to military service. 

The medical expert opined that Moharsingh was suffering from a progressive, degenerative neurological disorder with no specific treatment.Observing that the report of the AMB, comprising Air Commodore DP Joshi, Col SB Singh and Lt Col Shobana Das, was not only contrary to that of two other boards, but also did not mention the reasons for assessing disability as nil, the Tribunal held that AMB was grossly incorrect and deserved to be deprecated.“We direct that these three officers be subjected to disciplinary action under the Army Act. It is expected that necessary action against them shall be taken at the earliest and the result thereof be intimated to the Tribunal,” the Bench ordered while imposing costs of Rs 1 lakh to be paid to the petitioner by the government to be recovered from the salaries of the AMB members.

The incident reflects inhuman treatment that had crossed all boundaries of humanity by superior Armed Forces medical officers, whose actions resulted into injustice and restrained the authorities to grant disability pension to the petitioner, the tribunal observed.

With Warm Regards

Col CJS Khera
Gen Secy
Ex.SERVICEMEN JOINT ACTION FRONT (Sanjha Morcha)
blog:- http://sanjhamorcha2009.blogspot.com
Chairman----Major SS Dhillon -Ex.Singnal Para-09988026822.

REVISION OF DISABILITY PENSION

REVISION OF DISABILITY PENSION

A CONFUSION & CONFRONTATION

MOD letter dated 11.11.08 sanctioned an interim disability pension of Rs.3500 for 100% disability (for pre 1.1.06 pensioners) and the Banks have made some payments as an interim measure.

Now the MOD had issued another letter (MOD letter 16(6)/2008(1)/D(Pension/Policy) dated 4^th May, 2009) finalizing the amount of Disability pension on slab rate to pre 1.1.06 pensioners as follows:-

Para 2.2. Disability element of Disability /Liberalised Disability Pension

The revised rates of disability element for 100% disability on account of invalidment/retirement/discharge are given below. Where the disability of a pensioner is less than 100% the amount shall be proportionally reduced as per the degree of disability accepted and for the period notified in the PPO.

i) Commissioned Officers & Hon. Com. Officers of the three

services, MNS, TA and DSC -- -- -- -- Rs.5,880/-

ii) JCOs and equivalent ranks of the three services

TA and DSC -- -- -- -- -- -- Rs.4,300/-

iii)Other ranks of the three services, TA & DSC -- -- Rs.3,510/-

The banks will not be in a position to calculate the correct amount of Disability Pension arrears payable to the eligible pensioners because of the method adopted initially based on Annexure I, to MOD letter dt.11.11.08.

Therefore every affected pensioner should calculate themselves by working out the Paid and Payable particulars from 1.1.06 to 31.5.09 and submit a detailed claim with the bank.

A model calculation for the Rank of a Sepoy with 20% disability is given. Please take a print out and compare with your payment and submit a claim. It may be noted that the sepoys with minimum pension with 20% disability are the worst affected by the method adopted by the banks for calculating the arrears. Let us try to convince the banks.

Model arrears calculation sheet for Sepoy with 20% Disability - Click

ANOMALY IN THE RATIONALIZATION OF CASUALTY AWARDS

ANOMALY IN THE RATIONALIZATION OF CASUALTY AWARDS

The fundamental principle of fixing the casualty awards at the rate of 60% of the minimum of the scales of pay for all the pensioners irrespective of date of retirement has been silently shifted away in the recent order on the subject dated 4^th May 2009. This is a great injustice to the families of the men who laid down their lives for the country.

The bureaucracy is playing havoc with the life of these poor widows who have lost their bread winners for the sake of the motherland. Probably they are testing our inability to negotiate on the issue with anyone in the MOD.

The MOD vide their letter No.PC1(2)/97/D(Pen/C) dated 16/05/2001 fixed the Special Family Pension in the 5^th CPC as follows:-

Para 2 Special Family Pension

2. In case of pensioners in receipt of SFP as on 01.01.1996, their pension will be consolidated in terms of this Ministry’s letter No.1(2)/97/D (Pen/Services) dt.24 Nov 1997 in the first instance. The special family pension, so consolidated irrespective of the date of award, shall not be less than 60% of the minimum pay in the revised scale of pay introduced w.e.f. 01.01.96 of the rank, rank & group (in case of PBOR) held by the deceased personnel at the time of death, subject to a minimum of Rs.2550/- per month.

While issuing the orders for revising the same SFP for the 6^th CPC, the contents of the order No.16(6)/2008(1)/D(Pension/Policy) MOD dt.04/05/09 have been truncated as follows:-

Para 4

Special/Liberalized Family Pension/Dependent Pension (Special)/Dependent Pension (Liberalized)

4.1 Families in receipt of SFP, Liberalized Family Pension, Dependent Pension (Special), Dependent Pension (Liberalized)/2^nd life award (in respect of PBOR including NCs(E), shall draw revised family pension w.e.f. 01.01.2006 in terms of Para 4.1 of this ministry’s letter dt.11.11.08.

4.2 The amount of revised consolidated SFP, granted to the families of Armed Personnel under the circumstances prescribed under the category ‘B’ & ‘C’ of Para 4.1 of this ministry’s letter dt.31.1.2001 will be subject to a minimum of Rs.7000/- per month.

The clause “ the Special Family Pension so consolidated irrespective of the date of award shall not be less than 60% of the minimum pay in the revised scale of pay introduced w.e.f. 01.01.1996 of the rank, rank & group (in case of PBOR) held by the deceased personnel at the time of death”, which was included in the revision for the 5^th CPC order in now missing in the 6^th CPC orders.

The missing of this clause is a great anomaly in the rationalization of casualty pensionary awards. Because of the non-inclusion of the 60% clause for the SFP, the pensioners are losing a sizeable amount from their monthly pension.

This order should not be implemented till this anomaly is removed. The IESL, IESM and the AFA should join together and meet the Director (Pension/Policy) Mr.Harbans Singh immediately to remove anomaly.

The Secretary of RDOA while referring the anomaly on Disability pension to the MOD regarding the non-shifting of disability pension rates from slab rates to percentage rates had missed this glaring anomaly of shifting away from the 60% of the pay while rationalizing the casualty awards.

Rationalization of casualty awards - order dt.04.05.2009

REVISION OF MINIMUM SPECIAL FAMILY PENSION

RATIONALIZATION OF CASUALTY PENSIONARY

AWARDS FOR ARMED FORCES.

The MOD and the PCDA(P) Allahabad issued orders for the revision of Special Family Pension, Liberalized Family Pension/Disability/War Injury pension for pre & post 01.01.2006 pensioners.

The revised casualty pensionary awards payable to all the Ranks of the living pensioners and the widows should have been indicated either by MOD or by the PCDA(P) Allahabad, by means of a chart/table. But it seems, has not been done intentionally to create more and more anomaly and create more and more confusion to the PDAs.

Before taking up the other revised casualty awards, let us see the effect of increase in the Minimum Special Family Pension.

The minimum Special Family Pension (SFP) has been increased from Rs.3825 (With DP) to Rs.7000/- vide MOD letter No.16/(6)/2008(1)/D(Pension/Policy) MOD dt.04.05.2009. The widows of Sepoys, Naiks and Havildars will be benefited. But the question is, will all the Banks, Treasuries and DPDOs pay promptly? A big ‘No’ is the answer. Past experiences show that they will not be paid promptly and correctly.

90% of the widows are not aware of what is Special Family Pension? The Banks will be referring the Oxford dictionary to find out the meaning of ‘Casualty Pensionary Awards’. They cannot identify the PPO of a Special

Family Pension. Still there are many widows getting Ordinary Family Pension from the Banks by holding Special

Family Pension PPOs in their hands. This is the reality. The writer has experienced lot many cases during the the

past 18 years. The Tirunelveli District Ex-servicemen Welfare Association took up a project on this issue and

got arrears paid to the tune of more than one Crore from the Banks to more than 40 widows. Still there may be

many more cases of this nature.

So then what is the solution? It is the All India Federation/Association should take up this task to make sure the benefits of these orders reach each and every pensioner.

I request the IESM Core group to set up a project in this regard. The details of the special category of pensioners should obtain from PCDA(P) Allahabad through RTI. The Project Leader will be given the responsibility of contacting all pensioners & Banks, calculate the arrears to be paid to each pensioner and make the banks to pay.

The expenses incurred on the project can be recovered from the pensioners by means of donation fixed on certain percentage of the arrears payable to the pensioner. This type of project if taken up now specifically targeting these three lower ranks (Sep, Naiks & Havildars) will be more beneficial to the individual pensioners as well as to the IESM by way of increased membership and donation to the IESM.

The arrears position with to this order is as follows:-

1. The 40% arrears of revised SFP should have been paid

as per Annexure I of MOD letter dt.11.11.08 up to Aug 08 -- -- Rs.11,960.00

2. The 60% of arrears yet to be paid -- -- -- Rs.17,940.00

3. The 40% of arrears payable as per revised SFP to the

Widows of Sep, Naiks & Havildars -- -- -- Rs.22,160.00

4. The 60% of arrears payable from the revised SFP -- Rs.33,252.00

As per the above revised SFP orders/calculations, every Special family pensioner (the widows of Sep, NK & Hav) should get a total arrears of Rs.55,420/- up May 2008., and thereafter their monthly pension would be regulated as follows:-

Revised Basic Special Family Pension -- Rs.7,000.00

Dearness Relief @ 22% -- Rs.1,540.00

Total -- Rs.8,540.00

Note: A fixed Medical Allowance of Rs.100 will have to be paid in the pensioner is a non-member of ECHS.

Special Note to IESM Core Group: The IESM core group should take up this issue seriously with MOD & PCDA(P) and made sure that all Widows are getting their arrears correctly and in time. By this the IESM membership & the financial position will improve.

Revised Casualty Pensionary awards orders - Click

WAR WIDOWS PENSION/WAR INJURY PENSION

HAVE WE FORGOTTEN WAR INJURED SOLDIER ?

When every one is allowed to pocket their arrears of pension and revised pension, why the war injured soldiers, the disabled soldiers, the blinded soldiers, war widows and the posthumously decorated widows have been denied ? Is it so difficult to asses the quantum of pension ? Is the government negotiating with any veteran leaders ? Just a unilateral decision by few bureaucrats takes such a long time.

The 6^th CPC submitted its report in March 2008. The government accepted and issued order to all departments on 29-08-2008. Whereas the MOD issued orders with full of anomalies on 11.11.2008 (after 2 months and 10 days) just copying the same MOD letter 14.7.98 without referring or revising any of the specific issues of the armed forces pensioners. The core issues, as we all know, the parity in pension (a blow to the two million defence pensioners) then comes the special category of pensioners specific to armed forces pensioners such as, war injury pension, special family pension, dependent pension, dependent pension liberalized, liberalized family pension, disability pension, constant attendance allowance, special pension to the blinded soldiers.

The 5^th CPC’s orders for the above category of pensioners were released by the MOD only after 37 months, i.e. on 06.08.2001. The MOD is trying to drag on the same way now also for another 37 months from 11.11.2008. Already it has done enough harm to the poor low paid pensioners.

They should remember that the Capital had witnessed the first signs of reactions of the ever silent disciplined men’s representatives of 2 million veterans come out on street for 118 days relay hunger strike followed by the surrendering of their pride possession (13000 medals deposited) to the Supreme Commander of the nation.

The government can no longer ignore these signs of protest for long. It is high time that the government should call the representatives of the organization (The IESM) for sorting out the issues. The men in uniform are watching everything.

There are about 20000 widows are eagerly waiting for the revision of the special family pension. About 30000 disabled soldiers are eagerly waiting for increased disability pension. Above all, there are about 11 Lac low paid PBORs are eagerly waiting for some immediate announcement from the government.

“A nation that does not remember those who, laid down their lives for it, cannot always remain a nation worth dying for”.

Whatever may be the outcome of the election, it does not matter. We have acted as per our advisory. Our issue must be settled on war footing.

ANAMOLY IN REVISING THE DISABILITYPENSION

ANAMOLY IN FIXING MINIMUM PENSION/FAMILY PENSION

The consolidation of revised pension as per para 4 of MOD letter dt.11.11.08, enhances the minimum pension of Rs.1,275 to Rs.2883. However, the Commission was gracious enough to ignore the formula and fixed the minimum pension/family pension toall as Rs.3500/-. The Commission had added Rs.617 to the consolidated amount of Rs.2883 and fixed the minimum pension/family pension as Rs.3500/. But at the same time it had not allowed the addition of Rs.617 uniformly to all range of pensioners.

While the pre-revised minimum pension of Rs.1275 can be equated to Rs.3500, then the pre-revised pension of Rs.1548 should be equate4d to Rs.4117 and not 3500 as given in the Table Annexure I.

The consolidation formule failed to provide adequate increase in the revised pension and therefore the commission recommended the minimum pension to be Rs.3500. The same amount of addition of Rs.617 should have been given throughout the range of pensioners.

ANAMOLY IN REVISING THE DISABILITY PENSION

When a defence pensioner, say for example a Sepoy is said to be drawing Rs.1275 as service element and Rs.310 as (20%) disability element. Now while revising the pension, the Banks are adopting the most disadvantageous method. They add Rs.1275 and 310 and arrive at 1585 and they refer Annexure I to find out the revised pension equal to 1585 which is Rs.3583.

On the other hand, if the revision is done separately for service element and disability element then the revised pension will become as follows:-

The service element 1275 will fetch Rs.3500 and the disability element Rs.310 will fetch Rs.700 thereby a total of Rs.4200 will be his revised pension. Now find out the difference in the revised pension between the two methods. The difference is Rs.617.

The beneficial methods should always be applied. The MOD should give specific instructions to all PDAs in this regard.

If the consolidation is done separately for service element and disability element, the revised pension will be as under:-

Pre-revised pension 1275 will be revised to .. .. Rs.3500

Pre-revised 20% disability of 310 if consolidated

Separately as per para 4.1 of MOD letter dt.11.11.08

Then the revised disability for the pre-revised 310 will be Rs. 700

Total revised pension will be Rs.4200

D.R. @ 22% will be Rs. 924

Total pension .. .. .. .. .. Rs.5124

Instead if it is consolidated by adding the pre-revised service element of Rs.1275 with the pre-revised disability element of Rs.310 together to 1585 and the referring Annexure 1 it will fetch Rs.3583. Now look at the difference in the revised pension in both methods

By separate consolidationmethod ..Rs.4200

By adding together ..Rs.3583

Reduction in monthly pension ..Rs. 617

The total reduction in the monthly pension from 1.1.06 to 31.3.09

For 39 months including D.R. Rs.26,141.

The reduction in themonthly pension will be same for all ranks as shown above. Therefore all pensioners who are drawing disabilitypension are requested to verify that they are paid the following rates of disability pension w.e.f. 1.1.06 with D.R. calculated separately.

100% Disability .. Rs.3500

90% .. Rs.3150

80% .. Rs.2800

70% .. Rs.2450

60% .. Rs.2100

50% .. Rs.1750

40% .. .. Rs.1400

30% .. .. .. Rs.1050

20% .. .. .. Rs. 700

……oOo…….