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 Legal advice/litigation related issues would strictly NOT be published or discussed or entertained.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.

Sunday, May 31, 2009

Rank held on retirement / invalidation would determine amount of ‘disability element’ of disability pension and not the rank at time of injury/disease

There are two elements of disability pension – service element and disability element. While service element is granted in accordance with the length of service (subject to a minimum of Rs 3500), disability element is granted in accordance with the percentage of disability. The system of calculation of service and disability elements further varies as per the type of disease or injury and the manner in which the same was sustained. There is no minimum qualifying service required for earning a service element.

The PCDA (P) has been sanctioning disability element as per the rates prescribed for the rank when the injury was sustained or when the disease occurred and not as per the rank last held. To take an example, if a person was a Havaldar when he got injured but he retired (or was invalided) as a Subedar, then in such a case, the PCDA (P) sanctions the service element of the rank of a Subedar but the disability element as per the rank of Havaldar.

There is of course a major incongruity in this. The Hon’ble Courts have now decided while interpreting Regulation 180 of the Pension Regulations of the Army-1961, that an individual would be entitled the complete disability pension, that is service as well as disability element, in accordance with the rank last held irrespective of the rank at the time of injury / disease. The said decision rendered in a case allowed by the Punjab & Haryana High Court has already been upheld by the Hon’ble Supreme Court and even the Delhi High Court has held the same.

Regulation 180 is reproduced hereunder :

Rank for assessment of disability pension

180. The rank for the purpose of assessment of service element and disability element of disability pension, shall be the substantive rank or higher paid acting rank if any, held by the individual, on any of the following dates, whichever is most favourable :–

(a) the date of discharge/ invalidment from service, or

(b) the date on which he/she sustained the would or injury or was first removed from duty on account of a disease causing his disablement, or

(c) if he/ she rendered further service, and during and as a result of such service suffered aggravation of disability, the date of the later removal from duty on account of the disability.

11 comments:

Anonymous said...

@ Navdeep,

Disability pension as applicable to persons retiring voluntarily has been upheld by the Supreme Court. However, it is interesting to note that officially this has not been notified after implementation of the Sixth Pay commission. Is this being looked into at all ?

Anonymous said...

Dear Navdeep,
Thanks once again for the insight and updated info on the subject.
God bless.
Cheers

Anonymous said...

Navdeep,

Thx. We are publishing this report at echspune@yahoogroups.com

Hope we have your permission...

Rajax said...

Navdeep,
Far feched as it may seem, the actual disability pension should actually be according to the rank, any of the batchmates of the disabled soldier has attained during his stay in the Army. Can't ecpect the baboos to understand though unless they are in the line of fire or are disabled due to shitty conditions that our jawans (and officers) face. Anyway, maybe in a few decades Army will be able to implement this. BTW, I was in LMC for 5-6 yrs till I argued with the President of the Board and gave him convincing arguments that showed him my disability was (a) Due to service. (B) Aggravated by Service. I was promptly upgraded. Cheerio

Pokar Ram said...

Dear Maj Navdeep sir,
One of the recruits with less than one year service was released from Army on disability pension during the year1964. He died in Feb 2009. Is his wife eligible for family pension now.
Would be grateful if the same could be clarified.

Navdeep / Maj Navdeep Singh said...

@Pokar Ram

Sir,

Very much entitled to Rs 3500 basic pension.

Navdeep

Anonymous said...

Dear Navdeep,
Can I request you the latest position on disability pension in case of PMR (voluntary) after the dismissal of SLP in the case by SC - Is the govt sanctioning the Dp or some fresh riders have been added.
Col Raj Kumar

Anonymous said...

Dear Navdeep,
1. May i request for your input on my previous comment.
2. The Army HQ is still not processing cases of Disability Pension of individuals who have proceeded on voluntary retirement (after completing 20 yrs) inspite of the SC judgement in Mahavir Singh Narwal case of 2008.
3. Any action by individual concerned as in one of the blogs on the subject (i think 11 Aug 2008)you have mentioned that Govt wants each concerned individual to file seperate writ petition. Is it so.
4. I shall be grateful if you can comment on the issue/highlight the latest position.
Regards,
Colonel Raj Kumar

Raghav Tomar said...

Sir,
I am a cadet invalidated out of service due to an injury attributable to service. Can you please guide me about what all benefits I am eligible for. Currently, I am getting a disability award and an ex-gratia award which are not considered as disability pension.
(Note: I was in the Indian Navy where cadets training at Naval Academy are considered as subordinate officers as per the rules.)

Thanks in advance.

Regards,
Raghav Tomar
raghavtomar.nhn@gmail.com

Raghav Tomar said...

Sir,
I am a cadet invalidated out of service due to an injury attributable to service. Can you please guide me about what all benefits I am eligible for. Currently, I am getting a disability award and an ex-gratia award which are not considered as disability pension.
(Note: I was in the Indian Navy where cadets training at Naval Academy are considered as subordinate officers as per the rules.)

Thanks in advance.

Regards,
Raghav Tomar
raghavtomar.nhn@gmail.com

Anonymous said...

Dear Raghav,
Have you received any update to your query or any other information regarding your query.Secondly are you from Technical Entry.
Regards