Feel free to contribute on burning issues concerning the armed forces. Contributions would be acknowledged - Use the 'Comments' tab or email navdeepsingh.india[at]gmail.com. No operational/business/commercial matters to be discussed please. Legal advice/litigation related issues would strictly NOT be published or discussed or entertained. Information on this blog is opinion based and is neither official nor in the form of an advice. This is a pro bono online journal in public service related to issues, policies and benefits, and the idea behind it is to educate and not to create controversy or to incite. Be soft in your language, respect Copyrights.

Thursday, May 21, 2009

Benefit of rounding off / bunching of disability percentage for calculation of disability element would be applicable to superannuating personnel too

The 5th Central Pay Commission had recommended the benefit of rounding-off / bunching of disability percentages for grant of disability element of disability pension. It was recommended that persons with disability till 50% should be paid a disability element calculated by taking the disability at 50%, those with a disability between 50-75% should be granted a disability element by taking the disability as 75% and those with a disability above 75% should be granted a disability element @ 100%.

The said modalities were notified by the Govt in 2001 with effect from 1996. However, the govt sanction letter provided that the said benefit would only be made available to those who were invalided out and not to those who were discharged on completion of terms or on superannuation with a disability, and that the latter would be granted a disability element in accordance with the actual percentage of disability and hence would not be provided the benefit of rounding off / bunching.

The Hon’ble Punjab & Haryana High Court however did not take this kindly. The Hon’ble High Court in 2008, in the case Paramjit Singh Vs Union of India, ruled that even those who are discharged on completion of terms or on superannuation would be entitled to the rounding off and bunching of disability percentage thereby leading to an enhanced pension. The same was done by relying on Regulation 179 (Regulation 53 for officers) of the Pension Regulations for the Army. The said Regulations provide that persons retiring or superannuating with a disability would also be ‘deemed to have been invalided out’ or service.

The govt however filed a review petition in the said Writ Petition but the same has been dismissed by the Hon’ble Court and it has been re-iterated that the benefit should be granted to all disabled personnel including those discharged / retiring with a disability and not only to those who have been invalided.

The Court has also held that AGIF is liable to pay disability cover even to discharged / superannuating personnel and that AGIF is very much a body under the control of the govt, the actions of which can be challenged in the High Court. It was contended by the Govt that AGIF was not a body of the ‘State’ and hence writ jurisdiction could not be invoked against it.

The Times of India has also reported this and the same can be viewed by clicking here.

14 comments:

Anonymous said...

@Navdeep

Interesting article. This is the case for personnel superannuating.
What will be applicable for a person who has a disability and he wants to voluntarily leave service, prior to pension or post 20 years when pension is due. Will AGIF compensation be applicable to him also? What about disabiity pension?

bsk said...

@Navdeep
Is the GOI obliged to implement this court ruling & amend its past orders or will this judgement just remain on paper for whatever it's worth!!

Lt Col G K Mohan Rao said...

This ruling is going to meet same fate as of ruling given by Kerala High Court in the case of Maj Dandapalan

Anonymous said...

Lt Col A K Jain
Hope some notification is issued by the GOI and subsequently by MOD -- resulting in revision of disability percentage i.e.issue of revised disability PPOs by Pr.C.D.A.(P)

Anonymous said...

Sorry for being naive but what is AGIF?

Navdeep / Maj Navdeep Singh said...

@Anony

AGIF : Army Group Insurance Fund

Col DS Hoonjan (Retd) said...

Hi Navdeep,
Good news. Hope Govt shall implement it for the benfit of all veterans. Any move on pre 2006 and post 2006 disable pensioners?
Regards,
Col DS Hoonjan (Retd)

Lt Col A N Ramachandran(Retd) said...

Dear Maj Navdeep,
I had offered my comments on your post dt9 May "Ironic Rationalisation".My reading of the subterfuge foisted by the incorrigible bureaucracy on the unsuspecting and weary disabled soldiers appears not off the mark. Now,the Hon'ble High Court has declared so.But then,as in Maj Dhanapalan's case, the GoI will most likely go in for appeal in the Supreme Court.It seems the disabled will have to once again fight every inch of the way. Unfortunate.

Lt Col A N Ramachandran(Retd)

Anonymous said...

Hi major Navdeep
the beaacon for all of us.

The CDA says that as per orders for Pension for service officers a officer seeking PMR is nt eligibel for disabilty pension whereas PBOR will be be.

Can there be differents et fo rules framed by teh Army when VI CPC has granted DP to all seeking PMR as well

I am a war wounded offr with 50 persent diabilty and I am not eleigibel for DP
Teh orders issued by MS branch also says I will not be eligibel for DP as they are willing to give sheltered appointment to me

Can you pelase help me wth a way out as I am not keen to take teh sheltered appointment theya re offering me adn wnat to apply for PMR

Anonymous said...

Gentlemen,

I wish more of you read the request by the blogger at the beginning-that he also has a profession that leaves him little time. So rather than burden him him all your queries, I suggest that you all get down to finding out a bit more yourself rather than burden the poor guy who, as it is, doing a lot more than anyone else that one can think of.

Please pardon the temerity in drawing your attention to the disclaimer of the blogger.

Bharat Sinh said...

Please let me know if bunching of war injury pension is applicable for all those who were invalidated out of service prior to 1996. I am in receipt of war injury pension with 80% disability. I do not wish to trouble you too much, however I am unable to get correct information on the subject.

shahbaaz said...

Excellent Major navdeep a Yeoman's service you are doing

Major PP Singh

Anonymous said...

Sir,
Till date Govt has not implemented the rounding off percentage to all and is confined to pre 1996 invalided out soldiers only. it`s really pity that even after supreme court`s intervention , the judgement remains on papers only.
18 Dec 2011. mailtogobind@gmail.com
9417050553.

Kirit Mankodi said...

I am a civilian. Why are all government servants including defence personnel, (railways, nationalized banks, airlines, LIC etc.) always asking for more pay and pension? My pay never matched yours though I am well qualified in my profession, and I never had the kind of tenure security that ALL government employees enjoy.