From 'The Tribune', Chandigarh
http://www.tribuneindia.com/2008/20080217/main8.htm
Voluntary retirees from forces entitled to disability pension: SC
Vijay Mohan
Tribune News Service
Chandigarh, February 16In an order which would benefit a large number of armed forces personnel, the Supreme Court has ruled that disabled soldiers who opt pre-mature retirement at their own request are entitled to disability pension.
Defence personnel with disabilities attributable to or aggravated by military service are eligible for disability pension. The government, however, had been refusing payment of disability pension to personnel who had left the forces voluntarily on compassionate grounds. The reason given for denial was that such personnel were technically not deemed to have been invalided out of service.
Upholding a Delhi High Court order, A division bench of the apex court comprising Justice P P Naolekar and L S Panta a few days ago dismissed a special leave petition (SLP) filed by the Central government against the high court order.
Acting upon a petition filed by ex-soldier Mahavir Singh Narwal, a division bench of the HC, headed by Justice Vijender Jain had, in 2004, held that disabled personnel obtaining release on compassionate grounds would also remain entitled to disability pension.
The Central government had gone into appeal in the case and the Supreme Court stayed the operation of the HC order till it passed final orders in January and dismissed the SLP.
Entitlement Rules for disability pension notified by the central government in the year 1982, simply provide that an individual would be deemed to have been “invalided” if, at the time of release, he was in a lower medical category than the one in which he was recruited.
Lawyer and author of a book on military benefits, Capt Navdeep Singh informed that the Army had also time and again taken up the issue for grant of disability pension for voluntary retirees with the central government and successive pay commissions but to no avail. The issue has also reportedly been taken up with the Sixth Pay Commission.
The Pension Regulations for the Army provide that disability pension can be granted if a person is invalided out with 20 per cent or more disability. The Regulations further provide that persons discharged on completion of terms of engagement or attaining retirement age shall also be deemed to have been invalided out.
Many ex-servicemen and lawyers have been contending that disability pension is granted as a compensation for injuries and diseases suffered due to military service and an early compassionate or voluntary discharge had nothing to do with the underlying reason behind such pension.
Tuesday, April 15, 2008
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16 comments:
Thank you for this post. A question that might seem naive in this forum, but where does one begin to apply for consideration under this ruling, now that disability pension is admitted to officers/PBOR who voluntarily took premature retirement without reaching pensionable service. I was classified with 30 percent disability in the medical release board at the time, in 2001.
When I was released, I was given ex-serviceman status and I-Card, but no retired Officer's I-Card as that was purportedly meant only for Officer's who were in receipt of PPO from the Government.
Thank you for your efforts in keeping us abreast of these matters.
R Dave, Maj (Retd)
Despite the Supreme Court Order in Feb, the Govt or the Indian army do not appear to have passed any order to date.
Request Navdeep to kindly take up the issue in some appropriate legal forum for benefit of the premature retirees who suffered disability. I too left service prematurely with 30% disability.
In case any process has been set up to provide relief, kindly educate. My email id is mandeepdhill@hotmail.com
Any further news on the subject regarding the process to be followed to get the due benefit?
As Per 6th pay commision "As regards removal of the bar on payment of
disability pension to those personnel who are initially retained in
service but subsequently seek voluntary retirement, it is observed
that all Defence Forces personnel found to have disability other
than NANA and who are retained in service despite the
disability, are paid compensation in lieu of the disability element.
The Fifth CPC had considered the issue and recommended
continuance of this system. Accepting this proposal would mean
350
extending double benefits in form of the initial lump-sum
payment and subsequent pension for the same disability element.
The recommendations of the Fifth CPC in this regard are
justified. However, an option may be given to the concerned
official in cases of disability other than NANA whereby the
lump-sum compensation in lieu of disability element is
foregone but disability pension at the time of retirement,
whether voluntary or otherwise, is given. This will entail a
change in the extant rules which bar payment of disability pension
in all cases of voluntary retirement. The Government may take
necessary action in this regard.
DCRG"
I am SS officer , relaesed with 25% diability . We need to take it further . I had spoken to Army HQ , They told me to wait till Govy comes out with Order
The Govt order on disability pension is out and no mention has been made for premature retirees.
Request Navdeep to intimate what legal remedy is available and how to go about it
The legal remedy is already there. One has to approach the Hon'ble Courts for this.
i have filed a petition in the High Court of Delhi against non grant of disabilty pension on account of the fact that i took pre mature retirement 'on own request'. some other officers have also filed. the matter had been clubbed and we were waiting for Hav Narwal case to be decided before the high court took up our matter again - the case is back in the high court after the supreme court dismissed the govt's stand. the contention now is whether the supreme court order affects only PBOR or is applicable to officers also
maj Rajesh Bhardwaj, retd
I am a serving permanent commissioned officer with 9 yrs of service. I'm planning for premature retirement after 10 yrs. My present med cat is A2 permt with 20% disability attr to mil service. Will I get disability pension, if not am I considered for ex servicemen status to avail age relaxation for appearing in central civil services? Pl educate.
dear anonymous @jun13 11:47 AM, i hve also the same query. will i be given ESM quota once i go on PMR after 10 years. if u hve answer or authority pl mail me at dalal.eme@gmail.com
For getting ESM status one should earn some kind of pension in any form. Whether invalid or disability- these are the only two pensions that u can avail if u go on PMR after 10 yrs. For PMR after 20 yrs, there is no problem.
Thank you all for sharing this information, I took premature retirement after 12 years of service, during my release med bd I was given 30% disability aggravated due to mil service. I have three questions.
1. will I get any disability pension ? as PS4 says that the 'matter is in court' and does not clarify further.
2. I was denied any sort of exserviceman card/retd offr card despite serving the country for 12 years. I require the Ex serviceman card to apply for other govt jobs. Can anyone guide me on this?
3. I even am unable to get the medical opd card for commd hosp/mh as mentioned in the retirement benefit booklet despite approaching MP5&6 for it. They again say that even this matter is in the court.
I request someone to guide me on this. Thank you
vikram, Major(retd)
Jan 28,2014
Sir can u tell me please that before 6th pay commision what was the criteria for disability pension and same for the after 6th pay commission.My father retired from Army in 1996 and since 1996 he is not getting the disability pension.Now we have won the case from sup.court but don't have any idea on which basis HQ will provide us the disability pension since 1996.So sir can u give me any idea please.....thanx
I had taken voluntery retirement after completed my 10 years service as PBOR.have I getting any facility for above cause???please share me sir.my email address tanmoy.t2.007@gmail.com.mb no.9163629187.facility means canteen smart card,echs or other.because i am not qualifing for pension.
My father was getting disability pension but since may 2016,he is not receiving his medical pension.He is not fit for traveling and I m studying in college the pension account is in U.P while we are in Rajasthan.I have written several letters to CDA Allahabad but no reply.I have no idea where should i go and wgat should i do,my father pension was only source of income meanwhile when everyone is getting hike in pension my father pension amount is reduced.
Sir my service is 5yers complete medical category is shape 1am valantry retirement am eligible are not eligible please sir tell me
Dear Maj Navdeep
I had taken premature retirement on compassionate grounds after 13 yrs of service in 2004.I was a low medical category for hypertension and my release medical board had categorised me as P2( Permanent ) not attributable nor agrevated by mil service. I would be grateful if you could advice me about my eligibility for disability pension, ESM status ,ECHS etc as per the latest rules in vogue.
Regards.
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