Rules of Discharge of Indian Army, Navy and Air Force is almost equal in nature. It is well known that, the soldiers (Offrs, JCOs & OR) may proceed to pension establishment on completion of terms of engagement and JCOS/OR are eligible to get Service Pension once completed 15 Years of military service. In case of NCE and Commissioned Officers, minimum qualifying service period is 20 Years.
In this article we will discuss the change of rules for LMC soldiers who are being discharged due to medical release.
LMC soldiers may be retained in service if his disability is assessed by the medical board which is SHAPE-2 or 3 but, if down graded lower than SHAPE-3, he will be released / discharged from service being medically unfit for further service.
Such soldiers who are being placed in LMC SHAPE-2 or 3 (Permanent) are retained in service with sheltered appointment with suitability cum retention justification. The alternative appointment available in the unit depends on its role and activity. In a unit there may be certain number of posts/manpower kept under alternative appoint/sheltered appointment. Under the discretion of Commanding officer , the LMC (P) soldiers may not be granted sheltered appointment and in this case he/she will be discharged from service which is as per ER and GMO 2023, termed as Deemed to be Invalided out of service.
According to Regulation 81,82, 83, 95 of Pension Regulation for the Army 2008 (Revised 2021), applicability of pensionary benefit for Deemed to be invalided out of service/ Invalided out of service cases are as under :-
| Total Service | Disability | Entitlement |
| More than 10 Years but less than 15 | Not attributable to & Not aggravated by Military service | (a) According to Regulation 58. (a) An invalid pension is entitled who is invalided out of service by IMB with disability NA NA. (b) Percentage of disability – Not applicable. (c) Type of release – (i) No Sheltered Appointment Available (ii) Invalided out of service by IMB According to Regu;lation 58(b) of PRA 2008 (2021), Part-I, A low medical category personnel who is retired/discharged from service for want of alternative employment compatible with his low medical category shall also be eligible for invalid pension or invalid gratuity where disability is neither attributable to nor aggravated by military service. [Auth: MoD No. 16(6)/2008 (2)/D (Pen/Pol) Dt. 05.05.2009 read with MoD No.1(2)/97/I/ D(Pen-C) dated 31.01.2001] [CS- 51 /2020] (c) ADS cases – Personnel below officer rank who is invalided out of service in consequence of any disorder (including insanity) resulting from indulgence in drugs or drinks which was within his control will be eligible for invalid pension/gratuity. Orders of the competent authority under Regulation 8 of these Regulations shall, however, be obtained in each case. MINIMUM QUALIFYING SERVICE According to Regulation 59. The minimum period of qualifying service actually rendered and required for invalid pension is 10 years or more. Amount of Invalid Pension – 50% of last reckonable emoluments (Equal to service pension) |
| Less than 10 Years of service | Not attributable to & Not aggravated by Military service | For less than 10 years’ qualifying service generally invalid pension is not admissible and he may get invalid gratuity. However, Invalid Pension is also admissible to Armed Forces Personnel who were/are in service on or after 04.01.2019, with less than 10 years of qualifying service in cases where personnel are invalided out of service on account of any bodily or mental infirmity which is Neither Attributable to Nor Aggravated by Military Service and which permanently incapacitates them from military service as well as civil re-employment. (Auth. MoD letter No.12(06)/2019/D(Pen/Pol) dated 16.07.2020 |
| Length of service – No minimum service length restriction | Attributable to or aggravated by military service or both. Minimum % required – 1% | (a) Disability pension comprising (i) Service element (Equal to Service pension i.e 50% of last reckonable emoluments) & (ii) Disability element is admissible Type of Discharge – To be invalided out of service ( by IMB) or Deemed to be invalided out of service ( No sheltered appointment available in the Unit). Unwilling to accept sheltered appointment is now not to be treated as deemed to be invalided out of service. Regulation 81. (a) Service personnel who is invalided out [CS- 215 /2020] from service on account of a disability which is attributable to or aggravated by such service may, be granted a disability pension consisting of service element and disability element in accordance with the Regulations in this section. Explanation: – There shall be no condition of minimum qualifying service for earning service element. (b) The question whether disability is attributable to or aggravated by military service shall be determined under the Entitlement Rules for Casualty Pensionary Award, [1982] 2008 [Auth: GOI MoD letter No. 1(3)/2002-Vol-III/D(P/P) dt. 18.01.2010. later revised vide ER & GMO 2023 vdt 21.09.2023 . |
| On Completion of coloured service or PMR | Attributable to or aggravated by military service or both. Minimum % required – 20% | Impairment relief only applicable [Auth: GOI MoD vide ER & GMO 2023 dt 21.09.2023 . |
