It is well known to all that the revised entitlement rules for casualty pensionary awards 2023 whcih is documentary published as Casualty Pensionary awards and Disability Compensation Entitlement Rules 2023, is mainly applicable to all armed forces personnel whos disability recorded after 21 Sep 2023 (as per ER 2023). Some points have been cleared from the FAQ published by the MoD , but in the other hand, it has created more ambiguity as the CDS decalared on the press conference that it will be applicable to them who are retired on or after 21 Sep 2023.
The things which have been cleared from the clarification/FAQ are as under :
Point 1 – The new rules is not applicable to those who have retired/discharged/invalided before 21 Sep 2023.
Point 2 – Applicability of Disability Pension – Disability pension is applicable to the personnel who are invalided out of service/ deemed to be invalided out of service and Disability is attributable/aggravated by military service. Those retiring after completion full / coloured service ( Terms of engagement) are not entitled to get disability pension and they will get the Impairment relief. Similarly all PMR/Discharge at own request case are also not entitled to get disability pension as per GMO & ER 2023.
Point 3. – Applicability of Impairment Relief – Impairment relief is a substitute of disability element. What is disability element ? Disability pension has two elements – one is service element and another is disability element and both are applicable to invalid out cases only as per GMO & ER 2023. DR (DA) is applicable on both the elements of disability pension but it is not confirmed that whether DR will be applicable on Impairment relief or not. In the other hand Impairment relief is not a pension but relief and is applicable to those who Retired soldiers/officers who are retiring with LMC on completion of terms of engagement/ discharged at own request and disability is attributable/aggravated by military service with minimum 20% disablement. Rate of Impairment relief is same as disability element i.e 30% of Reckonable Emoluments (basic pay + MSP + Class pay etc).
Here are some points which are not clear from the FAQ and Orders published :
Point 1- Applicability of DR on Impairment Relief – According to MoD, Impairment relief is exact substitute of disability element and broadbanding is also applicable to Impairment relief. Rate of Impairment relief is equal to disability element. But Impairment Relief is not a pension. Hence, DR will be applicable on the Impairment relief or not has not been cleared by any authority.
Point 2 – Applicability of GMO & ER 2023 on reirees who have already received discharge order but date of discharge order is after 21 Sep 2023 and in some case where RMB is pending, in some cases RMB done before 21 Sep 2023 or disability recorded before 21 Sep 2023 means LMC recorded in AFMSF-15 before 21 Sep 2023.
Point 3 – Sheltered Appointment Unwilling cases – Those who are being discharged due to unwilling to accept sheltered appointment will be treated as invalided out of service or Discharge at own request is not cleared from this ordered. Whereas according to PRA 2008 par-I Regs 81, 82 & 95, all unwilling to accept alternative appointment cases are treated as invalided out / deemed to be invalided out of service. Accordingly invalid pension/ disability pension was applicable to them based on nature of disability. But, in the event of not counting them as invalided out of service, they will not be eleigible to get invalid pension / disability pension in any conditions. Impairment relief may be applicable in this case if disability is attributable/ aggravated by military service