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Monday, November 23, 2009

Pre-2006 disability pensioners may have something to look forward to

During the 5th CPC regime, disability pension of defence personnel was calculated on a slab-system basis while civil disability pensioners were placed on a percentage basis.

While defence personnel were granted disability element @ Rs 2600 for officers, 1900 for JCOs and 1550 for Other Ranks (all rates for 100% disability), civilians were granted a disability element @ 30% of basic pay. The slab system was beneficial for some lower ranks of the forces but was not quite congenial to the overall scenario.

Recognising this anomaly, the 6th CPC rightly recommended that even defence personnel should be placed on a percentage system of calculating disability element. However while accepting the new dispensation, the Govt made it applicable only to post-2006 pensioners while retaining the old slab system for pre-2006 pensioners. This resulted in a great disparity between pre and post-2006 disabled personnel. To take an example, a General who may have retired on 31 December 2005 was entitled to a disability element of Rs 5880 per month while a General who retired a day later with the same disability on 01 January 2006 was entitled to Rs 27000 as disability element. The injury is the same, the rank is the same but the disability element, well… The issue has been discussed in more detail in this earlier post with examples.

The above seemed even more unjustified in the light of the fact that when the percentage system was introduced for civil disability pensioners in the 5th CPC, it was made applicable to pre-1996 (pre-5th CPC) pensioners as well. Moreover when the 6th CPC had tried to remove this anomaly between defence and civil disability pensioners, the said rectification had to date back to the inception of the anomaly (1996) and not from a prospective date. The Hon’ble Courts have also time and again ruled that when an anomaly is rectified, it has to date back to the time when such an incongruity came into being and not from the date when the decision of such rectification is taken.

Thankfully, there are indications that the new stipulation is going to be extended to pre-2006 disability pensioners too, very soon. Personnel who retired prior to 01 January 2006 would then also be placed on a percentage system for calculation of disability element. Of course this shall be subject to a minimum grant of Rs 3100 as disability element for 100% disability. This should take care of a very major grey area as far as our disability pensioners are concerned.


Anonymous said...

Maj Navdeep,
Thanks for the post.
The gap between pre and post 1-1-06disabiliy pensions, certainly need to be minimised ,if not eliminated.
Similerly, the bunching /grouping to 50%,75% and 100% needs to be suitably addressed.
Hope to see the orders on your post soon.
Lt Col (Retd) A K Jain

Anonymous said...

Dear Maj will it be applicable even those retitred during 60s and 70s.

Anonymous said...

Dear Maj Navdeep
Great news.Will it be applicable from 1.1.06.What about widows of those who have died recently?Will they get arrears from 1.1.06? Also "very soon" is how long away?

Harry said...

@ Maj Navdeep


These days you like my comments so much that you don't feel like sharing them with the environment!!
Anyway I am flattered sir!

PS: You surely know what I am talking about here.

Warm Regards,

Navdeep / Maj Navdeep Singh said...


Firstly your comments about the MS branch and the Col TS issue were incorrect to say the least since the MS branch was not involved with the matter in any way.

Secondly, would you like me to post comments which I personally know to be incorrect ? And in the bargain create an unnecessary bias against a particular set of officers who were not even dealing with the subject.

Grant me this much of freedom of sifting through information and analysing what is to be posted and what not. I am the one who is responsible for the correctness of the information posted here and not readers who leave comments. Please bear with this reality and do not feel touchy about non-issues.

Anonymous said...

Dear Navdeep,
Is it true that someone has filed a court case and won for MSP arrears of 6th CPC to be paid wef 1.1.06 onwards.Request clarify if you have any information on this subject

Harry said...

@ Maj Navdeep

Sir, you are technically right when you say MS branch was not involved in the issue but MS branch did offer their comments on the subject (which you can't deny was actually the case). So my reply was as a reaction to their comments.

Anyway I have nothing against you but only highest regards and immense respect!

I am sure you will come out with actual facts when these are available or can be shared!

Anonymous said...

Maj Navdeep, is there any truth in the NEWS of a Court case for MSP wef 01-01-2006?Because MSP is considered as part of Basic for pay calculations and thus logically doesnot qualify as an allowance.Any comments from your side please.

Anonymous said...

dear maj navdeep when every service including mes and section officers etc are being given non functional scale then why is the armed forces not being given the same should natural logic not apply to give aparticlar scale to a complete batch of officers after two years of their batch mate being promoted to that scale and this should be applicable till sag equi atleat has any case being taken on the lines what is the legal point on it

Anonymous said...

My dear Maj Navdeep,
Hearty congrats for a million hits/visitiors on your blog.This is recognitin of the yeoman service you are rendering to the Armed Forces personnel, serving and retired.That you devote so much of your precious time for our cause is indeed most admirable and praiseworthy.I salute you for your altruism and for your singular commitment to the AF community.

Thank you very much for the encouraging news regarding the likelyhood of revision of disability pension. Hopefully, the Forces will be equated with the civilian govt employees in this regard!!!

CONGRATULATIONS once again for hitting 1000000.

Lt Col A N Ramachandran(Retd)

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

Dear Maj Navdeep,
Congrats not for One Million butFor TWO Million visits on your blog .Sorry for my mistake in my earlier comment.

Lt Col A N Ramachandran(Retd)