Defence personnel may get injured due to various activities but you must have noticed that the injury sustained while on duty is only treated as attributable to military service and disability pension is applicable only in attributable cases ( in case of injury). Whether it is aggravated by military service or not is not found mentioned in their medical documents. In this article we will discuss the revised rules of counting “on duty” for the purpose of determination of attributability in the injury / disability cases.
New Rules of Medical pension entitlement were released on 21 September 2023. Though the official name of this rule is “ ENTITLEMENT RULES FOR CASUALTY PENSIONARY AWARDS AND DISABILITY COMPENSATION TO ARMED FORCES PERSONNEL. 2023”.
Para 10 of Appendix -I of MoD (DESW) Letter No 16(3)/2023/D(Pen/Pol)/Vol-II dt 21.09.2023 clearly explains the occasion which will be treated as on duty .
“Para 10 . For the purposes of these Rules,a person subject to the disciplinary code of the Armed Forces shall be treated on ‘duty’:-
(a) When performing an official task or a task the failure to perform which would constitute an offence triable under the disciplinary code applicable to him/ her.
(b) When moving from one place of duty to another place of duty. irrespective of the mode of transportation.
(c) During the period of participation in recreation and other unit/ sports activities organised or approved by service authorities and during the period of travelling in relation thereto.
(1) Personnel of the Armed Forces participating in local/National / International sports tournaments as members of service teams or mountaineering expeditions or other adventure activities organised by service authorities , with the approval or Service HQs,shall be deemed to be ‘on duty’ for the purpose of these Rules.
(2) Personnelof Armed Forces participating in sports tournaments or in privately organ zed mountaineering expeditions indulge ng in other adventure activities as a hobby or interest, in their individual capacity, shall not be considered to be ‘on duty’ for the purposes of these Rules,even though prior permission of the competent service authorities may have been obtained by them.
(3) Injuries sustained by personnel of the Armed Forces in impromptu games and sports which are organised by or with the approval of thelocal service authority and death or disability arising from such injuries wm be regarded as having occurred ‘on duty’ for the purpose of these Rules.
(4) The Personnel of the Armed Forces deputed for training at courses conducted by the Himalayan Mountaineering Institute, Darjeel ng and other similar institutes shall be treated at par with personnel attend ng other authorised professional courses or exercise for the Defence Services for the purpose of grant of disability compensation/ family pension on account of disability/ death sustained during the courses.
(d) When proceeding on leave/ valid out pass from his duty station to his leave station or returning to duty from his leave station on leave/ valid out pass.
Notes: (1) An Armed Forces personnel while travelling between his place of duty to leave station and vioe-versais to be treated on duty irrespective of whether he has availed railway warrant/ concession vouchers/ cash TA etc,or not for the journey. This would also include journeys performed from leave station to duty station in case the individual returns early.
(2) The occurrence of injury should have taken place in reaching the leave station from duty station or vice-versa using the conveyance only available/ adopted route and mode of transport
(e) When traveling by a reasonable mode from one’s official residence to and back from the appointed place of duty, irrespective of the mode of conveyance (whether private or provided by the Government).
(f) Death or injury which occurs henan individual isn’t strictly ‘on duty’ e.g.on leave, including cases of death/ disability as a result of attack by or action against extremists or anti-social elements may also be considered attributable to seNice provided that it involved risk,which was due to his belonging to the Armed Forces and that the same was not a risk faced by a civilian.Death and disability due to personal enmity is not attributable
Note : For the purpose of these Rules. leave shall include casual leave/ Study leave. Leave shaU not be treated as ‘duty’ except in situations mentioned above.
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