Most of the Disabled soldiers are not getting disability pension in spite of having disability originated during the military service. In such cases, the disabled soldiers may approach the Defence authority as known as 1st Appeal and 2nd Appeal.
After the 1st appeal, most of cases are rejected with an opportunity to file a 2nd appeal. But the second appeal is not processed or disposed of within the specified time limit. In this regard a copy of the Govt Noe is here –
Ministry of Defence
Department of Ex-Servicemen Welfare
Subject:- Expeditious processing of Second Appeal cases — Entitlement Rules for Casualty Pensionary Awards to the Armed Forces Personnel, 2008.
Kindly refer to the various entitlements envisaged in the Entitlement Rules for Casualty Pensionary Awards to the Armed Forces Personnel, 2008.
Entitlement Rules for Casualty Pensionary Awards to the Armed Forces Personnel, 2008 provide that an Armed Forces Personnel, who is boarded out on medical grounds or is discharged/released/retired in low medical categories, has the right to appeal against the denial of disability pension. These Rules also provide that, if a person is aggrieved by the denial of entitlement, he may, if he so desires, submit an appeal before Record Office/Service HQrs within six months, which would be considered by the Appellate Committee for First Appeal. The Appellate Committee’s decision for upholding or rejecting the appeal will be by consensus. Any person, aggrieved by the decision in the First Appeal, may file a Second Appeal within six months of the decision of the Appellate Committee for First Appeal. The extant instructions also provide that in cases of non-consensus among the Members of the Second Appellate Committee on Pension, the Vice Chief of the respective Services shall forward the file to MoD for consideration of Hon’ble RRM.
During processing of Second Appeal cases in this Department, It has been observed that in majority of the cases, there has been inordinate delay at each level and final disposal of Second Appeal applications is taking almost two years.
There is, thus, an urgent need for expeditious processing of Second Appeal cases. SHQs are, therefore, requested to not only streamline the entire process but also sensitize officials at all levels starting from record office to examine and process such appeals in a time bound manner so that final decision involving the entire process is taken within 3-4 months.
This issues with the approval of Secretary (ESW).
- ADG (PS), Army Hqrs, Plot No.108(West), Brassey Avenue, Church Road, New Delhi
- ACOP(AC), Navy Hqrs, Talkatora Stadium, New Delhi
- Air Commodor(AC), Dte of Air Veterans, Subroto Park, New Delhi
- MoD ID No.1(11)/2020-D(Pen/Legal) dated 28.01.2021