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Friday, May 19, 2017

After decades of judicial pronouncements, disability benefits finally made admissible by the Government to pre-2006 voluntary retirees with effect from 01 January 2006

The Government has finally given effect to judicial pronouncements whereby cases of premature retirement and personnel ‘discharged at own request’ were held eligible to disability and war injury benefits.

Earlier, as per regulations, disabled and war injured retirees were not allowed disability and war injury benefits if they had sought retirement on their own volition. This practice was held to be illegal by the Delhi and the Punjab & Haryana High Courts. Later when a Government letter was issued by the Ministry of Defence entitling such personnel to benefits, it was made applicable only to those who had retired after 01-01-2006. This cut-off date was also held illegal by the Armed Forces Tribunal later. The Punjab & Haryana High Court had also endorsed the action of the Tribunal. Later, the Chandigarh Bench of the Tribunal had taken the official establishment to task for not giving effect to judicial dicta.

A Committee of Experts constituted by the then Raksha Mantri, Mr Manohar Parrikar, had also strongly recommended the resolution of the issue and the recommendation on the said point was accepted by the Minister.

The letter resolving the matter has finally been issued by the Ministry of Defence and can be downloaded and accessed by clicking here.

The benefits have been made applicable with financial effect from 01 January 2006 and to all cases where the disability was declared attributable to, or aggravated by military service.

This settles one of the most important issues concerning our disabled veterans.


There is however one problem still existing in the dispensation wherein the letter again only talks about ‘disability element’ and not ‘disability pension’ which consists of both elements, that is, service element as well as disability element. 

7 comments:

satinder sangha said...

Also those with less than 20% disability, need to be covered. Those with 19% disability not coming under DP umbrella does not stand to logic.

Jeyaprakash Gopalswamy said...

THIS IS DUR TO HARDWORK & DEDICATION TOWARDS DISABLED VETERANS BY MAJ.NAV DEEP SINGH. I REQUEST YOU TO KINDLY WORK FOR 3 WAR VETERANS ,WHO WERE UNDER VARIOUS CAPTIONS INCLUDING USING AT OWN REQUEST BEFORE FULFILLING THE CONDITIONS OF ENROLEMENT, EVEN AFTER COMPLETING THEIR REQUIRED REQULAR SERVICE AS PER THE TERMS OF ENGAGEMENT, WE ARE FEW IN NUMBERS LIVING UNDER POVERTY &WITHOUT HELP. I HAVE BEEN REQUESTING YOU IN THIS MATTER INTERMITTENLY. NOW, GOVT ADMITTING THE DISABILITY BENEFITS FINALLY MADE ADMISSABLE TO PRE -2006 VOLUNTRY RETIREES. PL.HELP US LIVING IN THE FAG END OF LIFE.
EX CPL .G.JEYAPRAKASH 257283 FROM TN

Suhas Thakar said...

Navdeep,
The issue of service element is still a million dollar question. The pay commission to which the 2009 letter referred to and has been amended clearly mentions disability pension which means service as well as disability elements both. The Delhi High Court in the Manohar Narwal case have clearly spelt out that both are entitled . This judgement has been upheld by the Supreme Court. Unfortunately the Mayank Mathur case of AFT Delhi gave a contrary view which the army is using as their pillar of justice taking it as a settled law question. If you see the order, the Narwal case was not referred to at all. Which court is higher the Supreme Court or AFT , the Supreme Court obviously but the Army thinks otherwise

Ajit Chhina said...

Hello Navdeep,
It is good news for the disabled veterans. Keep up the good work and the spirit. Your relentless dedication and unselfish commitment to the defense community is laudable. Will write to separately.
Regards,
Ajit Chhina

AKJ said...

Maj Navdeep.
Have orders for revision of disability element of pension for pre 2006 ESM been issued So far it is being paid at the rate that was payable as on 31-12-2015.
Orders for revision of disability pension wef 1-1-2016 @ 2.57 times of basic disability element as on 31-12-2015 ?
Orders for revision of service element of pension on notional pay basis for ESM( as issued for civil employees )?
Orders for revision of disability element on percentage basis wrt notional pay ?
Orders for additional old age pension on disability element also ?
Orders for extending broadbanding of disability percentages for ESM who retired on completion of their service

Rajeev said...

Dear Sir,
X Pay not being counted for pension. After giving so many years to the service of nation, we are going to retire hoping government will take care of us by atleast providing what we deserve. Now not clear what to do and how this matter will be cleared.
You are the only hope.

Anonymous said...

Thanks for the update. I have prematurely retired in Nov 2016 and have been granted disability pension with

30% disability.

On query regarding broadbanding of the disability pension, i still get the reply to file a judicial case .


As per 7th CPC broadbanding was applicable for all kinds of retirees . Has this clause of 7th CPC been operationalised through release of OM? I have not been able to find any relevant GOI letter on this .