A misconceived thought is floating around that the families of invalided recruits in receipt of disability pension are not entitled to ECHS facilities and that the recruit alone is entitled for the same without any benefit to his dependants.
This is patently incorrect. ECHS covers all ex-servicemen pensioners including disability pensioners, and recruits granted disability pension are very much included in the definition of ‘ex-serviceman’ just the same way a person who is invalided out after attestation is included.
The MoD vide its Office Memorandum dated 01st February 2006 had explicitly clarified and directed that medically boarded out recruits in receipt of disability pension shall be treated as ex-servicemen for all practical purposes.
Once invalided recruits have been included in the official definition of ‘ex-serviceman’, it is not open to any authority to treat them otherwise since that would be discriminatory and would amount to classification within classification. The issue has also been adjudicated judicially by the Principal Bench of the Hon’ble AFT in Anil Kumar Vs UOI decided on 09-03-2010.
This is patently incorrect. ECHS covers all ex-servicemen pensioners including disability pensioners, and recruits granted disability pension are very much included in the definition of ‘ex-serviceman’ just the same way a person who is invalided out after attestation is included.
The MoD vide its Office Memorandum dated 01st February 2006 had explicitly clarified and directed that medically boarded out recruits in receipt of disability pension shall be treated as ex-servicemen for all practical purposes.
Once invalided recruits have been included in the official definition of ‘ex-serviceman’, it is not open to any authority to treat them otherwise since that would be discriminatory and would amount to classification within classification. The issue has also been adjudicated judicially by the Principal Bench of the Hon’ble AFT in Anil Kumar Vs UOI decided on 09-03-2010.
3 comments:
Sir, it is a very good article . There are few recruits in our southern states, whose families are are not enroled as a member of ECHS. We too have written to Central organisation, ECHS to consider the case. You have now rightly pointed out the genuineness. Thank you sir.
Sgt.S.Kanthiah, Chief Liaison Officer.
Dear sir,
It's very nice of you to see u devoting ur time for the sake of others. Sir, i am a ex-recruit boarded out of service in 2005, and now getting service as well as disability pension.As u hav stated as per Anil Kumar V. UNI, order dated 09-03-2010, all ex-recruits who r boarded out of services after earning their pension are including in the definition of ex-servicemen for "ALL PRACTICAL PURPOSES". Sir my queries are:
(1) Is i am entitles for the seats reserved for "WARDS OF EX-SERVICEMEN" in cenral educational institutions for their courses.
(2) Can i join some other force like sub-inspector in state police using my ex-servicemen quota, though i am getting 100% disability (TB Plural Effussion)pension frm army. does my earlier disability at the age of 19(my present age is 24) disallow me join some other force.
Sir I Army No. 15620199X Ex Rect Abhishek Singh Chauhan was enrolled in the Brigade of the Guards Regt. Centre on 19th March 2005 and discharged from service on 30th June 2006(An under rule 13(3) IV of army rule 1954 before completion of term engagement. I was invalid out from service in terms of regulation 173A of pension regulation for the army(Part-1)1961 and entitled to 50% disability pension @ Rs. 1163/-PM(in merged 50% DP) for life wef 10 July 2006.
2. Presently I am getting 3500 service element and 1550 disability pension. My total basic pension after revision of 6th CPC is Rs 5050. While a recruit invalid out of service on 31 Dec 2005 is getting more basic pension than me. His basic pension is Rs.- 5255. This make a confusion to me that why my basic pension is less than a recruit invalid out before me. In this connection I want to knew what is my actual basic pension.
3. Secondly when government has sanctioned one rank one pension nothing has been changed in my pension I am getting same pension . Please tell me what different I should get after one rank one pension .
4. Third point is MSP is applicable to me or not and if not then why.
Post a Comment