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Wednesday, February 16, 2011

The 20% disability misconception

Defence personnel and Record offices are still under the misconception that a minimum 20% disability is required for earning a disability element of disability pension. This misconception stems from the fact that the said 20% figure is mentioned in Regulations 48 and 173 of the Pension Regulations dealing with grant of disability pension.

However, the said criterion of 20% minimum requirement has already been abrogated with effect from 01-01-1996 but only for invalided personnel. Hence, there is no requirement of minimum 20% disability for earning a disability element for those post-1996 retirees who were invalided from service and such invalided personnel are entitled to a disability element by rounding off the disability to 50% even in case they are medically boarded out with 01% disability. The minimum 20% disability requirement however remains intact for those disabled retirees who have been discharged on completion of terms or have superannuated.

The Govt, after the 5th CPC, had brought disabled defence personnel at par with civilian disabled personnel and had abrogated the minimum 20% requirement for earning a disability element for those personnel who were invalided. The reason for this was that normally it is not expected from the authorities to invalid out personnel with disabilities less than 20%, hence the govt had taken a considered decision that if such a situation arose then such invalided personnel shall be given the benefit of disability element with rounding off to 50% even if the disability was 01%.

This becomes clear from the heading of Para 7 and Para 7.2 of Govt of India, MoD Letter dated 31-01-2001 which provides that disabilities ‘less than 50%’, (that is, without any minimum criterion of 20%) would be reckoned as 50% for disability element purposes. Further the heading of Para 8 read with Para 8.1 and more particularly Para 8.2 clearly stipulate that in cases of individuals retained in service (and not invalided), no disability element shall be paid for disabilities below 20%. This condition of minimum 20% has only been imposed in Para 8 (retirement / discharge cases) and not in Para 7 (invalidation cases).

Though the office of the PCDA(P) and the MOD are both aware of the abrogation of the 20% criterion and are granting the benefit whenever papers are processed to them, many Record offices remain unaware of the same and are not sending the documents for continuation of disability pension in invalidation cases where the disability has fallen below 20% or when the disability was initially assessed at below 20% but still the person was invalided out.

16 comments:

Anonymous said...

Dear Navdeep
Good to see some progress taking place off and on to bring Armed Forces Personnel and Civilians at par with each other sooner or later. But there are many other cases need to be resolved. Any news on %age basis Disability Pension for pre 1996 superannuated personnel as for civilians in letter dated 30.09.2010 and of course Broad Banding of Disability Pension once again for pre 1996 similar cases. It is been long time .We keep reading that AFT rulings are going to be implemented . But when ? Any update please.
GURDEEP SINGH
GROUP CAPTAIN (Retd )

Anonymous said...

Any news on grant of disability pensionary awards on percentage basis
to pre 1-1-06 retired ESM in line with OM dated 30-9-10 ( for civilians)???????
Hope department of ESM welfare will issue much awaited orders on the subject soon................

Anonymous said...

hold on...

you told para 7 deals with invalidment.for invalidment,can you tell what are the criteria?or invalidment,if the total number of years doesnt meet the minimum pensionable service,what is the situation?and finally what is the regulation for personnel from territorial army?

Exweltrust said...

Dear Major Sir,
Thank you for publishing such a valyable information. Many are not aware of this minimum 50% disability. The affected disability pensioners may represent their cases. Please publish the Govt. letter in this regard.
Sgt.S.Kanthiah,
Exwel Trust, Tirunelveli-dist, TN.

Maj Om Dutt Joshi (Retd) said...

Dear Maj Navdeep,please accept my thanks for educating retired army personal regarding pensionery benefits.Please provide your full address and T NO. Thanks Maj Joshi

Anonymous said...

For pre 1-1-06 retired ESM with disability; the maximum disability pension for officers is Rs 5880 pm.
and in such cases of retirement, there is NO
broadbanding of percentage of disability.
We may only pray God and hope that department of ESM welfare issues instructions soon for disability pension on percentage basis for all ESM who retired prior to 1-1-06.

Anonymous said...

Sir what is status of a SSC officer leaving on completion of 10yrs service with 20% disability attributable to service....

Anonymous said...

What would be the disability pension of an SSC officer released after his terms of service if he was deemed to have 30% disability in his RMB(attributible to military service)?Would someone tell me how it is calculated ?

Brig RS Rawat said...

I understand, from the PCDA(Pension site that all such disabled pensioners are not entitled to the following % of Disability:-
(a)1 to 49% - 50%
(b) 50 t0 74- 75%
(c)75 onwards-100%
Am I correct? Help? It will assist a lot of such ESM in Uttarakhand if someone can clarify

Cpl Hari said...

Sir! Heartfelt thanks for your dedicated service to ESM and their dependents through your priceless blog.Iam a medicaly boarded out ESM with 9yrs 45days service with 40% disability{cat EEE } but with no pension whatsoever. Even though I was discharged in oct 1982,I could not take any legal assistance due to financial constraints.Could I file a petition in AFT now?

Anonymous said...

Hello Maj Navdeep...learnt @ yr site thru a friend, found it extremely useful and informative. On going thru the contents touched upon medical disability article. An colleague of mine has taken PMR recently after completing 20 yrs with 18 % disability, he has been conveyed by med auths that he is not liable for any diasability pension. Your comments and advise wrt article dated 16 Feb 2011.would be grateful.

S S Sundar said...

Dear Navdeep. Many of our SSC officers after rendering 10 yrs service are retiring with disabilities attributable /aggravated to service.However they are not educated about the disability pension. Maj navdeep can you please elaborate on 1. What would be the disability pension of an SSC officer released after his terms of service if he was deemed to have 30% disability in his RMB(attributible/aggrevated to military service)? is he entitled for disability pension? if so how its calculated. Thanks & Regards
Lt Cdr SS Sundar (retd)

Anonymous said...

g30Dear Navdeep
Will be grateful if you can please confirm, if personnel invalided out with 10 yrs+ service, but with no disability element(ie less than 15%), way back in 1977, are also entitled 50% disability,under the current rules.Thanks
Rakesh Bakhshi Lt IN(RTD)

victor tewari said...

hi.is there any person to take up the case of pension of SSC officers with 5/10 years of service. thse offrs that have joined the PSU"s there past services are not counted for pension in the PSU can some one take up the case for counting their past services in their present services so that they are able to get enhanced pension for there past defence service

victor tewari

Anonymous said...

c ths link all d queries will get clarified http://indianarmy.nic.in/writereaddata/documents/psdte311212.pdf

thanveer shaik said...

Sir,
I am EX-recruit(20%) disability pensioner,can you suggest me for what type of jobs i am elgibel as ex service men.

Can I eligible for state police jobs without ex service men.
Hope that you will reply
Thanq sir