Samser Singh Dhawan, an Infantry soldier send a msg yesterday that he had fall ill at Kargil in 2007 but after retirement he was denied for disability pension. He also told me that, disability raised during service tenure at field location must be honoured and disability element should be granted.
In this regard I would like to communicate through this article that Since last three years I am in this mission to spread awareness among the veterans to know their rights I terms of pension and termination benefits i.e entitlement of CSD, ECHS, Welfare Scheems by DGR, KSB, DESW ZSB etc. Specially, people do not have sufficient information regarding entitlement rules of Disability pension. Moreover you may attend Live Session on the Disability Pension matter every Sunday at 8-30 PM in our You tubce Channel Exserviceman India.
You must know that the rules and regulations regarding pension and pensionary benefits are available in the public domain and nothing is classified. So, writing an article for awareness purpose or preparing videos are not a sensitive matter anymore. So, numbers of article and Youtube videos available in this website and Youtube channel named Exserviceman India. However the basic rules of disability pension are described here.
Disability Pension is Granted to Armed Forces Personnel as Compensation
After joining the Indian Armed Forces, soldiers may fall ill and placed in low medical category (LMC) due to stress and strain of military service and operational activities of the defence forces. When such LMC personnel and officers are released from the Armed Forces or discharged on completion of terms of engagement, may be granted disability pension or invalid pension subject to fulfillment of other conditions. In this article we will discuss that conditions under which one may be granted disability pension. In other hand, even after joining the Armed Forces in 100% medically fit condition, some LMC personnel are not granted any disability pension or invalid pension.
Some important points on disability pension
Regarding grant of disability pension must know the following information :
(i) There is no minimum service limit for grant of disability pension wef 01.01.1973
(ii) There are two elements of disability pension i.e Service element and Disability element.
(iii) Disability element depends on percentage of disability and last pay drawn. Service element depends on the last pay drawn by the individual/officer. Here, last pay means (Basic pay + Military service pay + Class Pay + Gp X Pay)
(iv) Disability is broadbanded as 20% to 49% = 50%
50% to 75% = 75%
76% to 100% = 100%
(v) In case of invalidment case broadbanding 1%-49% = 50%
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Disability Pension denied by PCDA(P)
Disability Pension of thousands of disabled soldiers are denied, their claims are rejected by PCDA (Pension), Allahabad (Prayagraj) every year in spite of haveing Disability pension Court order. As per rules First appeal and Second appeal is feasible against the rejected claim of disability pension of armed forces personnel. After two appeal, if the claim is not accepted by the defence authority, then next step is to approach the Armed Forces Tribunal located at every Command Zone of the Indian Armed Forces. Armed Forces Tribunal is a departmental level mechanism to overcome any dispute on the service matters like Central Administrative Tribunal (CAT) etc.
Law of rounding off for less than 20% passed in various Disability Pension Court Order
Hon’ble Principal Bench in the case of Sqn Ldr VK Thakur (Retd), (supra) in similar matter has considered disability of 15-19% as 20% and rounded off to 50%. Moreover, the law is settled that even if it is less than 20%, it would stand rounded off to 50% (in cases after their superannuation). The case in point relied upon by the Applicant is Sukhhvinder Singh Vs. Union of India, reported in (2014) STPL (WEB) 468 SC.
Law of attributability of disability when assessed by med auth as NA NA
The law on attributability of a disability has already been settled by the Hon’ble Supreme Court in the case of Dharamvir Singh Versus Union of India & Others, reported
Basic Rules of Disability Pension as per Pension Regulations for Defence Services
As per the extended Govt rules i.e Pension Regulations for the Army 2008 an similar rules of Navy and Air Force applicable to the pensioner who retired after completion of coloured service, following criteria must be satisfied in order to be eligible to get disability pension :-
(i) Disability should be atleast 20% while released after completion of terms of engagement on superannuation.
(ii) Disability should be either attributable to military service or aggravated by military service or both.
But you need not to be worried. Even your Disability is NA NA wherever it has been originated, you may get disability pension. But in this case you need to approach the AFT. Some important Judgement in these regards are here.
| Disputed subject | Court Orders |
| Applicability of disability pension to NA NA Case | Supreme Court Orders on Dharamvir Singh Vs U.O.I |
| Rounding off the disability in case of 15% to 19% | CAT Principle Bench Orders on Sqn Ldr VK Thakur (Retd), Vs U.O.I |
Case : Sheltered appointment not granted by OC Unit however individual is willing to continue in service
In this case your Discharge will be treated as medical invalidment as per Regulation 95 of PRA 2008 Part-I.Similar provision is also exist for Navy and AF personnel.
Condition –I : In such case if your disability is aggravated or attributable to military service or both, you are entitled to get following benefits. There is no condition of minimum service for grant of following benefits as per Reg 81 of PRA 2008 Part-I
(a) Disability element – 1% disability will be broadbanded to 50%.
Amount of disability pension in 100% disability = 30% of Emoluments
(Emolument = Basic Pay + MSP + Class Pay + Gp X Pay)
(b) Service element – 50% of pay last drawn (Emoluments)
Condition –II : If your disability is Not aggravated and Not attributable to military service, you are entitled to get Invalid Pension if your service is 10 years or more but less than 15 yrs (for PBOR) as per Reg 81 of PRA 2008 Part-I. If you have rendered 15 years or longer service, you will be awarded service pension only. Invalid pension for less than 10 years service is also applicable if the disability is fully incapacitated for military and civil employment as per extended Govt order of July 2020.
Case : Sheltered appointment recommended by OC Unit but individual is unwilling to continue in service
In this case also your Discharge will be treated as medical invalidment as per Regulation 95 of PRA 2008 Part-I. Similar provision is also exist for Navy and AF personnel.
In such case you are entitled to get following benefits based on type of your disability.
Condition –I : In such case if your disability is aggravated or attributable to military service or both, you are entitled to get following benefits. There is no condition of minimum service for grant of following benefits as per Reg 81 of PRA 2008 Part-I
(a) Disability element – 1% disability will be broadbanded to 50%.
Amount of disability pension in 100% disability = 30% of Emoluments
(Emolument = Basic Pay + MSP + Class Pay + Gp X Pay)
(b) Service element – 50% of pay last drawn (Emoluments)
Condition –II : If your disability is Not aggravated and Not attributable to military service, you are entitled to get Invalid Pension if your service is 10 years or more but less than 15 yrs (for PBOR) as per Reg 81 of PRA 2008 Part-I. If you have rendered 15 years or longer service, you will be awarded service pension only. Invalid pension for less than 10 years service is also applicable if the disability is fully incapacitated for military and civil employment as per extended Govt order of July 2020.
Case : Recruits Invalided Medical Board out during Training Period
In such case you are entitled to get following benefits based on type of your disability. Medical Boarded Recruits are also to be treated as Exserviceman subject to grant of any kind of pension.
Condition –I : In such case if your disability is aggravated or attributable to military service or both, you are entitled to get following benefits. There is no condition of minimum service for grant of following benefits as per Reg 81 of PRA 2008 Part-I
(a) Disability element – 1% disability will be broadbanded to 50%.
Amount of disability pension in 100% disability = 30% of Emoluments
(Emolument = Basic Pay + MSP + Class Pay + Gp X Pay)
(b) Service element – 50% of pay last drawn (Emoluments)
Condition –II : If your disability is Not aggravated and Not attributable to military service, you are entitled to get Invalid Pension as per Regulation 82 of PRA 2008 Part -I. Invalid pension for recruits are also applicable if the disability is fully incapacitated for military and civil employment as per extended Govt order of July 2020.
Non Entitled cases:
If your disability is NA NA and length of service is less than 10 Years and unfit only for Military Service, you are entitled to get only invalid gratuity.
In addition in all pension entitled cases, you will get these benefits also :
Terminal benefits
- Pension
- Gratuity
- Commutation
- Leave Encashment
- AGIF Maturity/coverage
- Exserviceman Status
- ECHS Benefit
- CSD Benefit.
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