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 Legal advice/litigation related issues would strictly NOT be published or discussed or entertained.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, October 8, 2009

Disability Pension on Voluntary Retirement : Orders issued by MoD

I’m back.

As regular readers may be aware, there was a bar on grant of disability pension on voluntary retirement for personnel of the three services. The Hon’ble Courts had however time and again held that disability pension could not be denied to voluntary retirees. The services had also been taking up the issue but the rules were nonetheless not amended, till now that is.

Acting on the recommendations of the Sixth Pay Commission and in line with decisions of the Hon’ble Courts, the Ministry of Defence has notified disability pension for voluntary retirees. The caveat however is that the new stipulation has only been made applicable to personnel who retired after 01 Jan 2006, though the Hon’ble Courts have granted this relief to all affected personnel irrespective of the date of retirement.

The letter on the subject can be viewed and downloaded by clicking here.

I may not be able to reply to all emails received by me during the period of my absence, please bear with me. Thanks.

28 comments:

BC said...

Dear Maj Navdeep,
Nice to see you back. Let me tell you we were missing you badly.
Regards.

JUSTIN said...

THE SAID ORDER IS WEL COME FOR POST-2006 VOL. RET. BUT WHAT ABOUT ABOUT PRE -2006. WHY THIS STEP MOTHERLY TREATMENT TO PRE-2006 RETIREES/PENSIONERS OR THE MATTER IS UNDER CONSIDERATION.

Anonymous said...

Dear Maj Naveep,
A Q pl!
Are leave rules separate for armed forces than Central Govt employees.If no then:-
In army a sunday or a holiday falling in the period of CL of ,say 20 days, is debited against CL(invariably and w/o q).
In central govt ,a preson going for6 days in continuation ,out of station,gives one leave application for 4 days(14 to 19) asking for prefix suffix for 17 and 18 oct.
Pl comment/advise/clarify?

Anonymous said...

navdeep chat box pl.......

Anonymous said...

time scale col in 18 years signed by Prime minister on 30 Sep 09, any confirmation when Army or IAF implementing it ? no more selection board for COL? can Maj Navdeep give an update on this imp news?

Anonymous said...

Welcome back, Major Navdeep. We really really missed you and your chat.Although proxy by Mr Navjosh was good but that zing thing was missing. Wish you and your family a very very happy Dussera and Diwali, its me Doctor(DACP).Please do start the chat box also, with moderation ofcourse.
Bye

Anonymous said...

Dear Sir,
If you see the ad given in all news papers the pay scale for cdr/Ltcol is PB4A and that of capt/col is PB-4. IT IS VERY CLEAR THAT GOVT HAVE NOT PUT LTCOL IN PB-4

Aditya said...

The IAF seems to be much more proactive information dissemination than other services. Here, they make a clear public disclosure of all officers in the HAG+ scale.

http://www.indianairforce.nic.in/pdf/hag%20scale.pdf

IndianACE said...

Dear Navdeep, Welcome back!

I must commend Navjosh for his excellent moderation in your absence.

A Suggestion- In absence of the chat box (A welcome absence, no doubt!), could you create a space on the homepage where links to the latest comments on the various blogposts can be seen, so that one can see where the action is.

BTW Pragmatic has a similar thing. Otherwise posts which go out of sight get buried.

There is a very nice and cordial discussion on at your "Degradation- PSU style" blogpost between myself and an articulate IDSE officer and it would be nice if we can come to see on the homepage when someone comments on that post or be guided to those posts where the action hots up.

Cheers.

Navdeep / Maj Navdeep Singh said...

@IndianACE

Sir, your wish implemented.

Thanks

N

Anonymous said...

hi

welcome back, been missing ur wit and wisdom

regards

Anonymous said...

would like to know if af considering non func financial upgradation like gp a services
almost all gp a officers will retire in hag pay band while most of us with grade pay of 8700 which other will reach in 16 yrs
not only will it affect allowances and facilities but will also affect the pension of officers
any idea on the loss likely to be suffered by us

Anonymous said...

Can someone please clarify?
An officer , who had retd in 1996, lost his life in an accident last year.He was 64.
Is his wife entitled to enhanced family pension since she is only getting normal family pension since then?
If yes ,till what age 65 or 67 ,considering that he had retired in 1996 ,before the retirement age was extended by two years?

Anonymous said...

navdeep do some justice to those who regularly visit your blog with the chat box you had every time something new to read and get update of latest development i think it has more merit than dis merit you are requested to start the blog again you should ignore few people for benefit of everybody to be frank your blog has lost it charm though latest info you give but chat box gave immediate reply and has become boring

Anonymous said...

Major u need to review closing of the chat box. i am feared we would stop visiting u. Let me tell u, i am not the one who writes shit on the box. Best wishes. May sense prevails to u before it is too..... late.U may like to modarate my langauge.

regards

Anonymous said...

Dear Maj Navdeep,

Can you throw some light on the Union of India v/s Maj Bahadur Singh (2006) case in context of the Dev Dutt v/s Union of India & Ors (2002) judgement given by H'ble Justice Kutju.

In particular, what could be the salient reasons that the Dev Dutt decision shall not apply, only for the military.

Selvaraj said...

The only choice before the pre 2006 disability PMR cases appears to be to knock the doors of judiciary. Yet how come the GOI is turning deaf ears to the rulings of SC given as early as Feb 2008. Maj Navdeep persons like me are waiting for your guidance.

Selvaraj said...

To,
Anonymous posted at 1.50PM on 09 Oct 2009.

Dear,
On the death of the officer the lady wife will receive enhanced family pension ( same amount as the officer was receiving while alive till the officer is presumed to reach 65 yrs of age or seven years after his date of death WHICHEVER IS EARLIER. Hence the lady ref by you is ahthorised enhanced pension till the deemed age of 65 yrs of the departed pensioner.

Anonymous said...

Thanks Selavaraj.

I don't know how but she started getting more pension than what he was getting after his death & this was before 6th Pay comn got implemented???
A letter from Dte of PP & R mentions her enhanced pension as 20845 & normal pension as 12507 as per PB3 but since his basic was 7850 this should have been 7850 * 2.26=17741.Isn't it?
The same letter also mentions her pension after PB4 correctly as 25700 (enhncd pen) & 15420 (norm pen.)

nelson said...

Welcome move by MoD. However the letter is silent on following aspects which needs to be addressed for total solution:-
1. Similar restrictions on grant of Ex-gratia to disabled personnel/ battle casualty to Voluntary Retirees need to be removed.
2. Payment of AGIF disability benefits as directed by hon'ble PH&C HC in a specific case of voluntary retirement must be generalised for all disability pensioners.

v said...

Dear Maj Navdeep,
I am a post 2006 retiree(PMR) and LMC. My PPO at fifth pay commission scale is already given. I am awaiting govt orders on 50% pension to post 2006 jan retirees to take up PPO amendment with pcda. My relase medical board is with PCDA. As per new orders on disability pension i am likely to get it. whom should i approch. AHQ MP6 OR PCDA. I will be thankfull for guidance.
v s venugopal
Lt col(Retd)

Anonymous said...

Dear Maj Navdeep,
Last week i was travelling in Goa express and met two passengers one the wife of a brave Connel ,who was rewarded with Vrc and later expired due to the injury complication;and other a disabled BSF soldier invalid frm service an another gallantry holder for anti militancy in J&K.I was ellated by their presence but seeing their sad face of both this persons who sacrificed their today for our better tommorow.i enquired the reason and they told me that as per rule they have to vacate their quarter(residence) a;nd with high real estate and cost of living it is not possible to fetch a house.after returning home the face of deceasd brave Connel's wife & gallant BSF SOLDIER'S was denying to die out.i tried to find out thru google any similar cases exist and to my surprise the wife of Ex IFS officer Sh.Venkatesh who died in Bomb blast in front of Indian embessy Kabul in 2008 was allowed to retain the govt quarter till the time the IFS officer who would have normally retired/supernnation.I can't understand when an IFS officer who died while serving the nation is taken care off but the personals who sacrifice their life or get miamed/disable by FIGHTING for the Nation is denied such favour.We as a nation is a mute spectator for 350 crore rupees statue in Mumbai,crores of Bangladeshi refugees are welcome, fight of corporate brothers become news ,govt go all out to accomodate and give crores of rupees to cricket players who are otherwise wery well off who once in blue moon win a cup,but for brave soldiers and their familly all affirmative action stay put standstill.as a civilian i feel for this personnal and i am trying to put the point acroos to everybody in the armed forces to make an effort that govt to allow for retainning the quarter for personnals who lay their life fighting for the nation or the same with disabled till the period they normally would retired.i understand that many Ex officers have won the election but never took up the issue of this minority and i swear history will not pardon us.As it is the duty of chief/Generals etc to take up the case with the govt that no personalls should be kicked out of their house till any affirmative solution is been provided.It is the duty of the state to look after the familly of deceasd/disabled in the society as no country can flourish if their fighters lose confidece in the system.Visualise that if we see in print media the goons of Directorate of estate threw the belongings of deceased/disabled and invallidated out in the street whole nation will stand grief.Nation Pls woke up.regards sinduja

Navdeep / Maj Navdeep Singh said...

@Anony

As I said earlier, a little knowledge is dangerous.

The rules for pension and allied benefits and issues such as retention of accn are the same for most central services including the Army. Practical implementation may differ from place to place but that has more to do with the attitude of the individuals at the helm of affairs in a particular area rather than any 'discrimination' by the govt.

Anonymous said...

Dear Major Navdeep,
i have never claimed to be aware of the rules and the system followed in the govt.i had just highlighted an issue which i confronted of two force personals and it was a matter of sharing my concern with Faujis by a civilian and to initiate a debate for better acomodation for the familly of sufferers.i was pained by your answer as it lacks sensivity/compassion but more bureoucratic.hope popularity as not gone overboard.God bless you.sinduja

Anonymous said...

News from UK in respect of affirmative action fordisabled soldiers in operations:
Ex-servicemen and women who are seriously injured are to be given priority for specially adapted social homes, Housing Minister Iain Wright announced today.
Councils are being instructed to treat seriously injured service personnel as a priority when allocating modified housing, under new guidance published today.
It will help to ensure better availability of specially adapted housing for service personnel, with features such as walk-in bathrooms, wider door frames, lowered light switches, and entry slopes rather than steps. It is part of the Government's commitment to support those injured in the service of their country.
The guidance will also reinforce changes to help make sure all members of the Armed Forces can also apply for social housing in areas in which they were based during their service. Previously, service personnel were restricted by the need to demonstrate a local connection beyond having served there.
Iain Wright said:
"It is right that our servicemen and women who are seriously injured fighting for their country are given the housing support they deserve. These new rules mean service personnel must be treated as priority for specially adapted homes.
We are determined to ensure our armed forces are recognised for their heroic efforts and helped in their transition to civilian life and getting a home."
Today's announcement forms part of the Ministry of Defence's Service Personnel Command Paper, a package of cross-Government measures designed to end disadvantage experienced by our Armed Forces, their families and veterans as a result of Service. These measures - launched by the Defence Secretary in July 2008 - include doubling compensation for injured personnel, establishing community mental health schemes across the UK to provide specialist care for veterans and improving access to education for Service leavers.
regards sinduja

Partha said...

Hi Navdeep,

Is disability pension for person opting for PMR limited to 20% and above only.

regards
col Partha

chiku said...

hi i took voluntary discharge from army i have one doubt about getting my savings,is their any policy in army that a person who will go voluntary discharge will not get his agif savings,i talked sum1 in agif office delhi he told me that your money should be lapsed ,plz let me no is this true ,wht i fell is that it's not possible i tried to search about it in internet but i could get any required info from net so plz help me out with your elegant reply ,i am giving u my mail id u can mail me on my id it's shiv.kumar586@gmail.com plz must reply.........

kingtiger88 said...

Dear Navdeep,

I took premature retirement from IAF after 12 yrs of service. I had a disability of 30% when I retired. Am I eligible for disability pension..

thanks,

Sameer