Doubts raised on the issues related to service element/ invalid pension for the PBOR who have submitted unwillingness to accept Sheltered appointment and have not completed 15 years of service (minimum qualifying service for service pension). The issue and doubts are as under :-
Point 1. Regarding admissibility of disability element to the Personnel Below Officer Ranks of Indian Army, rendered less than 15 years of qualifying service, disability aggravated by/attributable to military service ( disability assessed by RMB 1% to 100%) and released/discharged/invalidated out of service due to unwilling to accept sheltered appointment under Army Rule 13(3) item III(v) read in conjunction with sub rule 2A of Army Rule 13.
Point 2. Regarding admissibility of invalid pension to the Personnel Below Officer Ranks of Indian Army , rendered more than 10 years but less than 15 years of qualifying service, disability not aggravated / not attributable to military service and released/discharged/invalidated out of service due to unwilling to accept sheltered appointment under Army Rule 13(3) item III(v) read in conjunction with sub rule 2A of Army Rule 13.
The doubts raised initially by the CGDA in the point No. 11 of “IMPLEMENTATION STATUS ON THE RECOMMENDATIONS OF THE OF RAKSA MANTRIs COMMITTEE OF EXPERTS CONCERNING DESW” dated 18.07.2022. But still has not confirmed/supported by any Office memorandum/ gazette notification/ Govt instructions / Pension regulations. The recommendation related to discharge of military personnel as mentioned in point No. 1 and 2 above has not been implemented. Information provided by the defence authority has confirmed through RTI application that there is no any amendment of PRA 2008 part-I regulations 81,82 and 95 till date.
Priovisions of Regulations 81, 82 and 95 clearly states that Discharge/release from military service due to unwillingness of accepting sheltered appointment is treated as medical invalidated out of service. In the event of medical invalidated out of service and disability aggravated or attributable to military service, disability pension is entitled which comprises service element and disability element. However, in case of of discharge t own request / PMR , only disability element is admissible.
What is sheltered appointment and why submit unwillingness ?
Indian Army is dedicated to keep the country protected from external aggression and aid to civil authority. To keep always readyness for war, several routine and operational activities are conducted and hundreds and thousands of soldiers regularly injured and disabled due to stress and strain of military service. The soldiers on placing permanent Low Medical category HAPAE-2 or 3, are asksed whether he is willing to serve with sheltered appointment either will be released from military service.
Due to heavy stress and strain and difficult nature of duties at most of the cases , soldiers do not opt to continue with sheltered appointment and released from service. To know more about this topic, you may watch our videos :
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