new disability pension rule

Disability Pension Clarification for Army Pers

It has been observed from the environment that a large number of Armed Forces Pensioners are being deprived due to new policy of Disability pension named New ER & GMO 2023. During the RMB Process from October to till date 90% cases have been assessed 3% to 19%. In such a situation, there is no possibility to get any pensionary benefit on account of the disability created during the period of military service, even though it is purely attributeable to / aggravated by military service.

On 20 September , a jawan Sepoy XYZ who got 30% for a disability “A”, how it can be assessed 5% for Sepoy PQR for the same disability “A” who undergone RMB on 05 October 2023 ? The question is brainstorming and we need to rethink.

In this article we will discuss about the another issue which is related to Unwilling to accept sheltered appoiontment for less than 15 years or service cases. In such cases earlier it was treated as medical invalided out of service and for the attributable / aggravted cases, disability pension containing service element and disability element both were applicable. But now due to introduction of new ER and GMO 2023, they are being treated as “Discharge at own request” and service element is not awarded to such PBOR.

However, the Pension Regulation says different thing. Pension Regulation for the Army Part -I is still in force and not amended at all. Regulation 95 provide protection for such unwilling cases.

Regulation 95 – Individual who is placed in a low medical category (other than E) permanently and who is discharged because no alternative employment in his own trade/category suitable to his low medical category could be provided or who is unwilling to accept the alternative employment or who having been retained in alternative appointment is discharged before completion of the engagement, shall be deemed to have been invalided out of service under the Entitlement Rules for Casualty Pensionary Awards, 1982 as laid down in APPENDIX IV to these Regulations.

In other hand the Entitlement Rules for Casualty Pensionary Awards to the Armed Forces Personnel 2023 and Guide to Medical Officers 2023 provides that Para 5 (e) of Appendix-I of MoD (DESW) Letter on F No 16(3)/2023/D(Pen/Pol)/Vol II dt 21092023 – JCOs/OR and equivalent rank in other services who are placed permanently in a medical category other than SHAPE 1 or equivalent and are discharged because (i) no alternative employment suitable to their low medical category can be provided, or, (ii) they having been retained in alternative employment, are discharged before the completion of their terms of engagement, shall be deemed to have been invalided out of service.

Whereas according to the relevant portion of Entitlement rules 2008 for casualty pensioners which is reproduced here Para 4 (c) Appendix to MoD (DESW) letter F No. I(3)/2002/Vol.III/D(Pen)/Pol) dt 18.01.2010 – 4. (c) PBOR and equivalent ranks in other services who are placed permanently in a medical category other than SHAPE 1 or equivalent and are discharged because (i) no alternative employment suitable to their low medical category can be provided, or, (ii) they are unwilling to accept alternative employment, or, (iii) they having been retained in alternative employment are discharged before the completion of their engagement, shall be deemed to have been invalided out of service.

It has been noticed that in ER & GMO 2023, the definition of Invalided out of service has been modified and unwilling to accept alternative employment are no longer included in the category of Invalided out of service. In this regard we are in the search of answer of the following questions –

(i) Regulation 95 of PRA 2008 Part I is still valid or not. If it is valid, unwilling to accept sheltered appointments will be treated as invalided out of service or otherwise.

(ii) Total number of Army PBOR with less than 15 years qualifying service who have been discharged from service from 30 September 2023 to till date on the grounds of Unwilling to accept sheltered appointment.

(iii) Total number of PBOR as per serial no ii above who have been treated as (a) invalided out of service and (b) discharged at their own request respectively.

All these questions can be answered by the concerned authorities only i.e PCDA, Record office & DESW. But it has been noticed that these authorities are no more responding on the issues related to New ER GMO 2023 through RTI, Grievance Redressal Mechanism or any official channel which has been termed by some of our veterans as “violation of Democratic Rules”.

https://t.me/indianarmywelfare

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