Types of Disability Categorisation of Defence Personnel and Applicability of Pensionary Benefits

Pension Regulation for the Army 2008 Part -I Regs -82 is ll about the type of disability that to be considered for grant of disability pension. Lets have a look to the provisions of the Pension Regulations.

Regulation 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 / 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 in dealing with natural calamities. Unintentional killing by own troops during the course of duty in an operational area. Electrocution / attacks by wild animals and snake bite/drowning during course of action in counter insurgency /war. Accidental death / injury sustained due to natural calamities such as flood, avalanches, landslides, cyclone, fire and lightening or drowning in river while performing operational duties / movements in action against enemy forces and armed hostilities in operational area to include deployment on international border or line of control or line of actual control.[Auth: GOI MoD letter No. 2(1)/2011/D(P/P) dated 03.02.2011 read with MoD letter No. 2(3)/2012/D(P/P)VOL-II dated 07.03.2018.] [CS- 111 /2020]

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.

(a) Flying operation involved in rehearsing of war plans and implementation of OP instructions inclusive of international exercises.

(b) All combat and Tactical sorties in preparation of war.

(c) Valley flying and missions involving operating at Ultra Low Levels.

(d) All operational missions undertaken during peace like special operations, Live ORP, Recce, Elint, Survey and induction trials of new weapons.

(e) Missions undertaken in support of troops and security forces deployed in forward areas.

(f) Flying missions involving landings on the ALGs. [Auth: GOI MoD letter No. 1(11)/2006 /D (P-C) Dt. 08.09.2009 & MoD No 1(11)/2006/D (P-C) dated 05.03.2010. read with GOI MoD letter No. 2(3)/2012/D(P/P) dated 22.10.2013] [CS- 68 /2020] (3) Kidnapping by extremists while on operational duty (vii) An act of violence/attack by extremists, anti social elements etc. while on operational duty. (viii) Action against extremists, antisocial elements etc. death/disability while employed in the aid of civil power in quelling agitation, riots or revolt by demonstrators shall be covered under this category. (ix) Operations specially notified by the Government from time to time. (x) Poisioning of water by enemy agents while deployed in operational area in active hostilities.[Auth: GOI MoD letter No. 2(1)/2011/D(P/P) dated 03.02.2011.] [CS- 112 /2020]

Explanation : Death or injury sustained in the circumstances falling under Category E entitles liberalised family pension or war-injury pension as the case may be. Note : The illustrations given in each category above from ‘A’ to ‘E’ are not exhaustive. Cases not covered under these categories shall be dealt with as per Entitlement Rules for Casualty Pensionary Awards, [1982] 2008 [Auth: GOI MoD letter No. 1(3)/2002-Vol-III/D(P/P) dt. 18.01.2010.] [CS- 85 /2020] as contained in APPENDIX IV of these Regulations.