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 Legal advice/litigation related issues would strictly NOT be published or discussed or entertained.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

Friday, January 29, 2010

Improvement of Disability Pension for pre-06 retirees : Orders partly issued

The Govt of India has issued certain orders regarding disability pension in pursuance to the recommendations of the Committee of Secretaries headed by the Cabinet Secretary.

The benefit of rounding-off / broad-banding of disability percentage has now been extended to pre-1-1-1996 invalided personnel also. The provisions of the earlier Govt of India letter dated 31 Jan 2001 which provided a cut-off date of 1-1-96 for the said benefit, stand amended accordingly.

The cap on War Injury Pension restricting the same to the maximum of ‘last drawn emoluments’ for personnel invalided out in Category ‘E’ of the above mentioned letter dated 31 Jan 2001 also stands removed.

The orders on calculating disability element on a percentage basis have not been issued as yet.

The benefit of rounding-off/broad-banding, like before, has only been extended to persons who were ‘invalided out’ and not to those who were retired / discharged on completion of terms of engagement or on superannuation. The Hon’ble Punjab & Haryana High Court in Paramjit Singh Vs UOI, while differing with the Hon’ble Supreme Court in Lt Col PK Kapoor Vs UOI, has already held this action to be arbitrary. Surprisingly, neither the Petitioner nor the Govt had brought to the notice of the Hon’ble Supreme Court in Col Kapoor’s case that Regulations now themselves provide that persons in Low Medical Category at the time of retirement are also ‘deemed’ to be invalided out for the purposes of disability pension. The different treatment between invalided and superannuating personnel also seems strange in view of the fact that broad-banding / rounding-off was introduced to curb medical subjectivity since it was felt that different medical boards were providing different percentages of disability for similar ailments. To counter such assessment mistakes, the concept of broad-banding of disability percentage was introduced. Keeping this in view, it hardly makes any sense to deny broad-banding to superannuating personnel while granting it to invalided personnel since that would amount to saying that medical subjectivity was only existing in medical boards examining invalided personnel and not those which were examining superannuating personnel. This fact of the reason behind broad-banding was hidden from the Hon’ble Supreme Court in Kapoor’s case and hence the judgement has no binding effect on courts inferior being a judgement sub-silentio. In fact, the judgement was rendered on the incorrect statement of the Union of India that broad-banding was granted as a compensation to invalided personnel, a fact that was sadly not countered by the Petitioner who was appearing in person.

The fresh letter issued by the Govt can be downloaded and accessed by clicking here.


Ramani said...

when is the new penson for pbors coming. it is one of the pending issues.70% was to be given.
thought it may be announced on republic day. sadly not yet!!!!!!!

Anonymous said...

Hope the rounding off/broadbanding of disability pension is also granted / extended to those who superannuated / retired with full service with disability.
Also hope for issue of orders for granting disability pension on percentage basis to pre 1-1-06 retirees/pensioners .

Anonymous said...

This is what exactly happens when you have an administrative structure as existing in our Country where in those at top are meant to fill appointments as "Generalist IAS " / "On Deputation Central Govt Cadre" and mark their time for further lucrative time bound promotions up the ladder. Most of the time they are only Ghugies (signatories and that too only short signatures). How the heck one Joint Secy moved to MoD from IRS or IAAS supposed to know the complexities of defense pension? He is only a govt of Babu's seal truely in colonial style.

Recently, I was aghast to read a post on "whispersinthecorridor" where in an UDC had put forward this argument in favour of raising their pay and grade pay. The argument was simple and somewhat true. The logic was that UDC prepares the Note and no one including the Secy or the Minister has knowledge or strength or Capacity to strike it down. The UDC claimed, perhaps rightly, that they were running the Ministries, whereas the others were mere signatories.

No wonder, the Central Secretariat Service have emerged so powerful and clerks are the last word on day to day / routine matters. Others do not interfere except when it effects them or their bosses.

It is also not a wonder why the IAS people, primarily manning most of higher appointments in the Ministries are virtually in fear of them and would bend backwards to accommodate their interests. That was outlandishly exhibited by them during decisions and hue and cry of 6th CPC.

Govt has spent millions on Computerization of offices which was supposed to have put Babus out of the Job as officers would make their Notings. But they have failed even the IT in India.

It is a treat to see most of Ministry Notings wherein an UDC prepres the Note and others but sign it. out of thousand Notes, wherein a Dir or JS would have endorsed one liner.

That is why it does not take much of time of conversion of "Not Approved" into "Note Approved".

Malice is all pervasive and much bigger than realized. Who is responsible for it? Well those who run and head the bloated Secretariates. The IAS, of Course. There can be no denying this stark truth. Responsibility must rest where it belongs to.

This in not to castigate a service but facts require to be stated.

Anonymous said...

sir, i was an ncc cadet of naval wing with 'A'grade in 'c' certificate. and did basic and advance course of mountaineering and table-tennis player.
so i want to know that , how i can upwards to my self in mountaineering and sports arena.

Unknown said...

I have checked with Lt Col P.K Kapur.
He had taken up the matter further with the Supreme Court but his plea was turned down. What is further course of action?

All adm Job said...

Respected Major Navdeep Singh

good evening,

can you clarify for disability pension for PBORs retired Pre 2006. Their disabilty pension will also increase as per new basic pension, i.e. Improved pension as per Circular 430.

Please clarify.


Rajeev Behal
93571 72728

Anonymous said...

Ramachandran P.V
Ex Sapper 1373418 A (MEG)

Broad banding of disability pension
should be given from 01.01.1996.
Is there any similar cases pending
in the court.
Please convey recent developments
in this regard
e mail id, pvriyer@gmail.com
Thank you

Anonymous said...

P P O No M/DIS/001653/2003 Major NAZAR SINGH GILL (S L 03025X)awarded 30% disability for cervical & Lumber Spondylousis 20% each combined 30% from 01 Feb 2003 date retirement.My disability not yet broad banded by P C D A (P)/S B I C P P C PANCHKULA on plea not applicable to me.What a strange my disability reduced from 40% to 30% instead of recomputing to 50 %.I undergone bypass surgery on 13 Feb 2010 and requested authorities to review mt disability which may increase to 100% now.What a strange thing I served Army/nation as SHAPE-1 when I was Not actually SHAPE-1 and Govt decision not to grant even 50% broad band on superannuation. Please advise.Major NS Gill 9876188868.

Anonymous said...

i am a retired pentioner of indian airforce .I was being handicapped during my service.so i was getting disability pension till fifth wage but when the sixth wage started my disability pention has been stopped so how will i get my right