Armed Forces Tribunal grants ex-serviceman 50% disability pension

Armed Forces Tribunal grants ex-serviceman 50% disability pension

CHENNAI: The opinion of medical board should be given primary credence and the authority of Principal Controller of Defence Accounts (PCDA) (Pensions) for awarding disability pension is very limited, said the Chennai bench of the Armed Forces Tribunal, granting an ex-serviceman 50% disability pension around three decades after he was discharged from service on medical grounds. 

In 1983, M Natarajan joined the Madras Engineer Group as a sepoy. While undergoing basic training at the regimental centre, he met with an accident and his right little finger was crushed. 

In 1985, he was invalided from service. The medical board said the injury was permanent. It granted him 20% disability pension for two years. 

In 1987, the review medical board said his condition was "static and likely to be permanent" and recommended to continue the pension. However, the Army did not pay him pension. After an appeal, he was reassessed by a medical board in 1994 which said there was no change in Natrajan's condition since the last review. 

However, while assessing his disability, the board fixed his disability as below 20% for 10 years. The Principal Controller of Defence Accounts (PCDA) (P), Allahabad rejected his plea. He then moved AFT in 2010. 

In its counter, the Army said during hospitalization, he was "tenaciously adamant for not doing physiotherapy exercises" which aggravated his injury leading to his discharge. Further, the PCDA (P), being the competent medical authority, said his disability was less than 20%. As such, he was not provided pension. 

His subsequent appeals too were dismissed. It said his case was "barred by limitation" as he had approached the tribunal with an "insurmountable delay" (of 5,679 days). 

Natarajan said the delay was "neither wilful nor wanton" and he could not file the application because of "want of money." If the delay was not condoned, he would continue to suffer, he said. 

The bench comprising judicial member V Periya Karuppiah and administrative member K Surendra Nath said the injury might have been exacerbated because Natarajan was unable to understand the physiotherapy instruction as he was not conversant with either Hindi or English. It also noted despite the recommendation of the medical board, the Principal Controller of Defence Accounts (Pensions) reduced the disability as below 20% in 1987. "No reasons were adduced for lowering the disability," it said. Finding contradictions in the second medical board's opinion, the bench said, "We are inclined to question the opinion of the medical board and feel it erred on both counts." 

It then allowed Natarajan disability pension for life which, according to the provisions of the central government, was rounded from 20%to 50%. However, the arrears had to be paid only for three years before he approached the tribunal. 

Source: www.timesofindia.indiatimes.com 

Himachal CM seeks ‘one rank, one pension’ for ex-servicemen

   Himachal Pradesh Chief Minister Virbhadra Singh Saturday met Congress president Sonia Gandhi here and pleaded the case for implementation of ‘one rank, one pension’ scheme for the ex-servicemen.

   He said the implementation of the scheme would benefit the majority of the ex-servicemen in the state and would give them additional economic security in their old age.

   The chief minister also apprised Gandhi about various developmental projects and schemes launched in the state, an official statement said.

   He said the state has adopted the party’s election manifesto as an official document and all the promises made in the manifesto are being implemented.

Non payment of Dearness Relief on Disability Element While on Re-Employment.

Principal Controller of Defence Accounts (Pensions)
Draupadi Ghat, Allahabad - 211014

Circular No. 166

No. AT/Tech/263- XVI
O/o the Pr. C.D.A. (P), Allahahad
Date: 07.03.2013

Sub: - Non payment of Dearness Relief on Disability Element While on Re-Employment.

   The payment of dearness relief during re-employment / employment / permanently absorption of pensioners / family pensioners under the Central or State Government or in a Statutory Corporation / Company / Body / Bank under them in India or abroad is not being regulated correctly by various Pension Disbursing Authorities. Where some Pension Disbursing Authorities are disallowing dearness relief to re-employed pensioner of commissioned officer on disability element, others are allowing in few cases. Similar irregularities have been noticed in case of pensioners of PBOR. The instances of not allowing dearness relief to family pensioners during their employment are also drawing attention of this office/Ministry from time to time. The position on the subject is though clearly stipulated in Ministry of Personnel, Public Grievances & Pensions. Dept of P&PW letter No. 45/73/97-P&PW(G) dt. 2nd July, 1999 and Ministry of Defence letter No. 79(1 )/95/D (Pen/Services) dated 28th August 2000 and Deptt of P&PW UO No. 41/42/2007-P&PW(G) dt. 3-4-2008. However, position is re-clarified as under for uniform implementation of above orders.

   (a) In case of re-employed pensioners who hold Group 'A’ post or posts of the ranks of commissioned officers at the time of their re-employment will not be entitled to any dearness relief on pension on the fact that:-

   (i) A certain portion of pension is taken into account and is not entirely ignored.

   (ii) The pay in the post of re-employment is not required to be fixed at the minimum of the scale in all cases, and

   (iii) Dearness allowance at the rates applicable from time to time is also admissible on the pay fixed on re-employment.

   (b)(i) The entire pension admissible is to be ignored in the case of civilian pensioner who held posts below Group 'A’ and those ex-servicemen who held posts below the ranks of commissioned officers, at the time of their retirement. Their pay on re-employment is to be fixed at the minimum of the pay scale of the post in which they are re-employed. Such civilian pensioners will consequently be entitled to dearness relief on their pension at the rates applicable from time to time.

   (b)(ii) The ex-servicemen (PBOR) who retired before attaining the age of 55 years and re-employed thereafter and their pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given, the pay should he treated as fixed at a minimum only for the purpose of ignoring the entire pension and allowing dearness relief on pension.

   (c) The disability element is part of disability pension, therefore position explained at a & b above will also apply for regulating dearness relief on disability element during re-employment of pensioner drawing disability pension.

   (d) The family pension received by the eligible central Govt. employees/Armed Forces pensioners is, in any case, not taken into account in determining their pay on employment therefore, dearness relief at the rates applicable from time to time shall he admissible on their family pension.

   Incorrect payment of pension is not only infringement of Govt. orders but also cause of concern to pensioners. It is, therefore, requested to instruct Pension Paying Branches / CPPC / Offices / Treasuries under your jurisdictions to regulate the payment of dearness relief on pension /family pension on re-employment / employment / permanently absorption of pensioners/family pensioners as explained above.

Sd/-
(P.N. CHOPRA)
Asst.CDA (P)

Source:http://pcdapension.nic.in/6cpc/Circular-166.pdf

Committee to Look Into pay and Pension Grievance Of Retired Military Personnel.

   A Committee was constituted by the Government in July, 2012 under the Chairmanship of the Cabinet Secretary and consisting of Principal Secretary to the Prime Minister, Defence Secretary, Secretary, Department of Expenditure, Secretary, Department of Ex-servicemen Welfare and Secretary, Department of Personnel & Training for looking into the pay and pension related issues of relevance to Defence Services Personnel and Ex- Servicemen.

   Although there was no military representative on the Committee, consultations were held with all the Service Chiefs by the Committee before finalizing the recommendations.

   Four recommendations were made by the Committee on revision of pension/family pension of Armed Forces personnel. They are- One Rank One Pension - Bridging the gap in pensions, Enhancement of family pensions, Dual family pension and pension to physically/mentally challenged son/daughter of armed forces personnel on marriage. All the recommendations of the Committee, 2012 have been implemented by issue of eight Government letters on 17.1.2013. These are available on the websites www.desw.gov.in and www.cgda.nic.in.

    This information was given by Minister of State for Defence Shri Jitendra Singh in a written reply to Dr. Chandan Mitra in Rajya Sabha today.

Ex-servicemen to get timely pensions

   The defence ministry on Wednesday took several decisions to ensure ex-servicemen get their pensions in time, stung by criticism over the huge delay in former NSG commando Surender Singh getting all his dues. Anti-graft crusader Arvind Kejriwal had raised the case of Singh, who was injured in the 26/11 terror attacks, last month, forcing the government to admit there had been a considerable delay since the soldier's retirement "paperwork'' had not been completed in time.

   At a meeting chaired by defence minister A K Antony, it was decided that 50% of the pension of soldiers who are "invalidated out" or are "war casualties" should be disbursed immediately, pending the completion of retirement/medical board formalities. It was also decided the Army and Navy should follow the IAF's example of the which has established " e-tracking process" to ensure pensions are disbursed in time.

Grievance of EX-Servicemen.

   In view of the persistent demand from the Ex-servicemen and their associations, Government constituted a committee headed by Cabinet Secretary in July, 2012 to look into the Pay & Pension related issues of Armed Forces personnel & ex-servicemen.

   The Committee submitted its report dated 17.08.2012 on pension issues, which has been accepted by the Government. The recommendations relate to OROP-Bridging the gap in pension, Enhancement of family pension, Dual Family Pension and Family pension to mentally / physically challenged son/daughter of armed forces personnel on marriage.

Rs.2300 crore approved to meet the demands of Ex-servicemen pensioners.

   The Union Cabinet has approved the recommendations of the Committee headed by Cabinet Secretary for benefits to ex-servicemen on four issues.   The financial implications of the improvements made as per the Cabinet decision on the four items are broadly estimated at Rs.2300 crore per annum.  The details are as follows:
 
I.             One Rank One Pension:
 
   On One Rank One Pension, the demand of the Defence Forces and Ex-Servicemen Associations is that uniform pension be paid to the Defence Forces personnel retiring in the same rank with the same length of service irrespective of their date of retirement and any future enhancement in the rates of pension be automatically passed on to the past pensioners.
 
            The difference in the pension of present and past pensioners in the same rank occurs on account of the number of increments earned by the defence personnel in that rank.  There is also a difference between the pension of pre 1.1.06 and post 1.1.06 retirees belonging to a particular rank.  The UPA Government on two previous occasions has taken decisions to narrow the gap between the present and past pensioners, particularly those belonging to the ranks of JCOs and Other Ranks.

Deprived Section of Ex-Servicemen.

   Ex-servicemen with service less than 15 years are not entitled to pension as it is a mandatory requirement for a Personnel Below Officer Rank to render 15 years and for Commissioned Officers 20 years qualifying service to earn pension. Minimum qualifying service is an essential criterion for pension in the Government.

   The Short Service Commissioned Officers who are not pensioners are eligible for certain schemes of DGR like Training, Security Agencies and other self-employment schemes. Ex-Defence personnel with more than 5 years of service are entitled to CSD canteen facilities available in units / establishment apart from being employed as security guards. Some grants out of RakshaMantri Discretionary Funds is also provided to non-pensioners upto the rank of Havaldar.