Rules of Disabiliity Pension : Regs 81 -83 of Pension Regulation 2008

Disability pension is awarded to members of the Indian Armed Forces who have suffered a disability or injury while serving in the line of duty. It provides financial assistance to compensate for the loss of earning capacity due to the disability. The disability can be attributed to various factors such as combat operations, training accidents, or other service-related incidents or stress and strains of military service.

The disability pension is a part of the overall pension structure for military personnel and is governed by the regulations set forth by the Ministry of Defence, Government of India. In this regard, it is advisable that you may follow the Pension Regulations for Army 2008 Part I and Part II .  The pension amount is determined based on several factors, including the rank, length of service, and the extent of disability.

The disability pension is awarded in different categories, each with its own criteria and corresponding benefits.

Disability Pension: This pension is granted if the individual is invalidated out of service due to a disability attributable to or aggravated by military service.

War Injury Pension: This pension is granted if the disability is caused by a wound, injury, or disease sustained during an official war or war-like operations.

Invalid Pension : This pension is granted if the disability is not considered as attributable or aggravated by military service  but the injury detected during his tenure of service with the Indian Armed Forces .

The disability pension aims to provide financial support to military personnel who have sacrificed their health or well-being in service to the nation. It acknowledges the risks associated with military service and provides a measure of financial security to those who suffer from disabilities as a result of their duties.

It’s important to note that the specific details of the disability pension, including the amount and eligibility criteria, may vary based on the individual circumstances and the applicable regulations at the time. To obtain the most accurate and current information, it is advisable to refer to the official sources such as the Ministry of Defence or the concerned authorities responsible for administering pensions in the Indian Armed Forces. 

The provisions of Concerned Pension Regulations applicable to Indian Army , Navy & Air Foce Personnel is as under :-

81. (a) Service personnel who is invalided from service on account of a disability which is attributable to or aggravated by such service may, be granted a disability pension consisting of service element and disability element in accordance with the Regulations in this section.

Explanation: – There shall be no condition of minimum qualifying service for earning service element.

(b) The question whether disability is attributable to or aggravated by military service shall be determined under the Entitlement Rules For Casualty Pensionary award, 1982 as laid down in APPENDIX-IV of these Regulations.

CIRCUMSTANCE OF DEATH/DISABILITY ATTRIBUTABLE TO OR AGGRAVATED BY MILITARY SERVICE

82. For determining the pensionary benefits on death or disability which is attributable to or aggravated by Military service under different circumstance, the cases shall be broadly categorized as follows: –

Category A :     Death or disability due to natural causes neither attributable to nor aggravated by military service as determined by the competent medical authorities. Examples would be ailments of nature of constitutional diseases as assessed by medical authorities, chronic ailments like heart and renal diseases, prolonged illness, accidents while not on duty. Explanation : The cases of death or disability due to natural causes falling under Category A entitles ordinary family pension or invalid pension or invalid gratuity as the case may be.

Category B :  Death or disability due to causes which are accepted as attributable to or aggravated by military service as determined by the competent medical authorities. Disease contracted because of continued exposure to hostile work environments subject to extreme weather conditions or occupational hazards resulting in death or disability would be examples.

Category C :   Death or disability due to accidents in the performance of duties such as:

(i) Accidents while travelling on duty in Government vehicles or public/private transport.
(ii) Accidents during air journeys
(iii) Mishaps at sea while on duty.
 (iv) Electrocution while on duty etc.
(v) Accidents during participation in organised sports events/adventure activities/expeditions or training. Explanation : Invalidment case falling under Category B and Category C due to disease contracted or injury sustained or cause of death if accepted by medical authority and/ or competent authority attributable to or aggravated by Military service the individual may be granted disability pension or special family pension as the case may be.

Category D :  Death or disability due to acts of violence /attack by terrorists, anti – social elements etc. whether on duty other than operational duty or even when not on duty. Bomb blasts in public places or transport, indiscriminate shooting incidents in public etc. would be covered under this category, besides death/disability occurring while employed in aid of civil power and also while dealing with natural calamities. Explanation : Cases falling under Category D entitles liberalised disability pension or liberalised family pension as the case may be. Category E Death or disability arising as a result of: –

 (i) Enemy action in international war
 (ii) Action during deployment with a peace keeping mission abroad
 (iii) Border skirmishes
(iv) During laying or clearance of mines including enemy mines as also mine sweeping operations.
(v) On account of accidental explosions of mines while laying operationally oriented mine field or lifting or negotiating mine field laid by the enemy or own forces in operational areas near international borders or the line of control.
 (vi) War like situations, including cases which are attributable to/aggravated by:-
(1) extremist acts, exploding mines etc, while on way to an operational area
(2) battle inoculation training exercises or demonstration with live ammunition
 (3) Kidnapping by extremists while on operational duty
(vii) An act of violence/attack by extremists, anti social elements etc. while on operational duty

Ad

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top