Indian Armed forces is in the process of modernisation and simultaneously, changes in pension rules also found which has significant effect on the applicability of Pension to specially JCOs/OR. The New Entitlement Rules for Casualty Pensionary Awards 2023 has been released by the MoD, DESW and is effective from 21 Sept 2023 applicable to Indian Army, Navy and Airforce for all ranks.

In this article we will discuss only one point that is related to applicability of the Service element to persons with less than 15 years of service (JCOs/OR) and unwilling to accept sheltered appointment cases.

According to Pension Regulations for the Army 2008 Part -I if a soldier with loser that SHAPE-1 placed in permanent LMC and unwilling to accept sheltered appointment, will be discharged from service and such discharge will be treated as invalidated out of service (Regulation 95). In all invalid cases with disability aggravated or attributable to military service, disability pension comprising service element and disability element is admissible with no minimum qualifying service (Regulation 81 and 82).

Read this in Hindi

https://faujinews.com/defence-pension-new-rules-2023

The major modification related to the conditions for invalided out of service can be observed here. According to the Entitlement rules of Casualty pensioners 2008 released in 2010, there were three categories of medical invalid cases. Whereas, in the latest orders for the Entitlement Rules 2023 dated 21 Sep 2023 there are only two categories. Unwilling to accept sheltered appointment cases has been deleted from the list of invalid cases. So, according to the latest order, all sheltered appointment unwilling cases will not be treated as invalidated out of service. In other words it can be clarified that such kind of discharge will be treated as “Discharge at your own request”.

Supreme Court Order on Disability Pension for NA NA Case – Beneficial for you

Entitlement Rules for Casualty Pensionary Awards 2008

The relevant portion of Entitlement rules 2008 for casualty pensioners 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.

The point No. (ii) has now been deleted from the determining Invalided out of service conditions in the revised Rules of 2023.

Entitlement Rules for Casualty Pensionary Awards 2023

The relevant portion of Entitlement rules 2023 for casualty pensioners is reproduced here Para 5 (e) of Appendix-I of MoD (DESW) Letter on F No 16(3)/2023/D(Pen/Pol)/Vol-II dt 21.09.2023.

5. (e) JCOsl WOs/ OR and equivalent rankin 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.

Other important part of this revised Entitlement Rules for Casualty Pensionary Awards 2023 will be discussed in other articles .

Click here to visit the Video :

You may read the pdf version of the New Casualty pensionary awards entitlement rules 2023 here :-

new-pension-rules-for-disability Download