Armed Forces Pensioners / Family Pensioners
This letter stipulates”
“ The awards sanctioned in this letter are in the nature of a special dispensation and will not be subject to alteration as a result of any revision of the pay and pension structure as may be sanctioned in future. Temporary and/or ad-hoc increase in pension, sanctioned from time to time, will not be admissible, in addition to these special awards. However where and for so long as awards admissible under existing rules and orders happen to be more favourable then those sanctioned hereunder, the higher entitlements will be sanctioned hereunder, the higher entitlements will be payable and the difference will be allowed as an ad-hoc grant.”
Annexure II of MoD letter of 24 February 1972 further states:
“ Officers and personnel below officer rank who are invalided out of service, will be paid, instead of a disability pension, a war injury pay, consisting of a service element and a disability element.
The service element will be equal in the amount to the normal retiring pension of the rank held at the time of disablement for the maximum service of rank and in case of JCO’s, OR’s and NCs(E) pay group also. For this purpose paid acting rank will be counted, irrespective of the period for which it was held.
The disability element for 100% disability will be equal in amount to the emoluments last drawn by the servicemen minus service element, the amount being limited to Rs 500/-.
If a serviceman, whose disability is assessed at 20%, or more, is retained in service and retires subsequently, his service element will be calculated with reference to the rank last held at the time of retirement and length of service rendered whereas disability assessed at time and rank injury incurred”
From the above, it is evident that all Officers, Jco’s and Or’s invalided out of service will receive the same service element of the rank to the maximum of the rank, irrespective of the actual service rendered.
It is only where the disability element is considered, it will vary with the number of years of service rendered.
For those retained in service, the service element will be based on pension on retirement of the rank retired in and disability element, based on the rank in which injured.
- Letter No 17(4)/2008(1) /D (Pen/Policy), Governmentof India, Ministry of Defence, Department of Ex-Servicemen Welfare, New Delhi-110011Dated 11.11.2008. lays down the revised pensions for ex-servicemen including Disabled War Veterans, as a result of VIth Pay Commission for pre-2006 pensioners. The letter stipulates the increase in Pensions from 1 January 2006.
- Ministry of Defence letter No 10(01) / D (Pen/Pol) / Vol II dated 19 Jan 2010 amends previous authorizations by stipulating “ With effect from 1 July 2009, the concept of broad banding of percentage of disability/war injury, as provided in Para 7.2 of MOD Letter No 1(2) / D (Pen-C) dated 31-01-2001 shall be extended to Armed forces officers and PBOR who were invalided out of service prior to 1.1.96 and are in receipt of War Injury pension as on 1.7.2009.
The letter further indicates that the cap on war injury pension with reference to emoluments last drawn in the case of disabled pensioners belonging to Category ‘E’ of para 4.1 of above MOD letter dated 31.1.2001, shall stand removed with effect from 1.7.2009 for Armed forces officers and PBORs
However each pensioner drawing War Disability Pension have to fill the Performa to the Govt letter and forward it through their Pension Disbursing Authority in triplicate. In addition to War injury pension, the officer shall be entitled to retirement gratuity also.
- Letter No 17(4)/2008(1) / D (Pen/Policy) / -Vol-V dated 15 feb 2011 now indicates that The rates of war injury element revised in terms of para2.3 of MOD letter dated 4-5-2009 Indicates:
- shall not be less than 100% for 100% Disability in case of invalidment of war wounded.
- 60% for 100% disability in case of retirement/discharge of battle/war casualties
- 30% for 100% disability for those disabled due aggravation/attributable to Military service.
of the minimum of the pay in the pay band plus grade pay, military service pay, X group pay where applicable/ minimum pay in case of HAG and above pay scales, in the revised pay structure held by the Armed forces personnel at the time of retirement / discharge / invalidment for 100% disability.
For disability less than 100%, the disability element shall be proportionally reduced as per the period and degree of disability already accepted.
The aggregate of service element (revised in terms Para 2.1 of MOD letter dated 4-5-2009) and war injury element shall not exceed the minimum of the pay in the pay band plus grade pay, Military Service Pay, ‘X’ Group Pay where applicable/minimum of pay in case of HAG and above pay scales, in the revised pay structure introduced from 1-1-2006 corresponding to the pre-revised scale held by the Armed Forces Personnel at the time of retirement / discharge / invalidment. The ceiling on aggregate of war injury pension with reference to minimum of the pay in the revised pay structure, applicable from 1-1-2006, as stated above shall stand removed with effect from 1-7-2009.
- Rejection of Disability Pension
In case disability pension is rejected, you may make an appeal to the Govt. of India within 6 months through Record Office, if you feel that the disability in your case is due to service factors. Similarly family of the deceased can also make an appeal, if the claim for special family pension is rejected.
If you want to represent any problem to the office of PCDA (P) please furnish following information/particulars along with full details of your problem/grievance. You can lodge a complaint online, E-mail or by post.
- Your Name, Registration Number, Record Office / H.O.O. from where you retired.
- P.P.O,. No. and date under which the pension was granted in your favour
- Name of the P.D.A./Bank from where you are drawing your pension with saving bank/current account no.
- TS/PS/HO number allotted to you (incase of DPDOs, Treasuries, Post Offices and PAOs).
- Constant Attendance Allowance
This allowance is recommended by the Medical Board and is a uniform rate of Rs 3000/- irrespective of rank. An increase by 25% every time the dearness allowance payable on revised pay band goes upto 50%. The present rate is 3750/- pm. MoD letter No 16(6)/2008(2)/D(Pension/policy) dated 05 May 2009 refers.
WAR INJURY PENSION ON INVALIDMENT
- Service Element It is equal to service pension to which he/she would have been entitled on the basis of his/her pay on the date of invalidment but counting service up to the date on which he/she would have retired in that rank in the normal course including weightage as admissible. There shall be no condition of minimum qualifying service for earning this element.
- If an individual is invalided out of service War Injury Element will be computed as under:
|Percentage of Disability as assessed
by Invaliding Medical Board
|Percentage to be reckoned for
computing War Injury Element
|Less than 50
|Between 50 and 75
|Between 76 and 100
WAR INJURY PENSION ON RETENTION IN SERVICE
Those who are retained in service despite the disability due to War Injury sustained under the above circumstances and retire subsequently will have as option as follows to be exercised within a period as prescribed by the Govt. from time to time: -
- To draw lump-sum compensation on lieu of War Injury Element foregoing War Injury Element at the time of subsequent discharge; or
- To draw War Injury Element at the time of discharge in addition to service pension admissible, foregoing lump-sum compensation at the rate of 60% of their pay.
SPECIAL PENSION TO BLIND SOLDIERS
An ex-servicemen who is precluded from earning his lively hood on account of total or partial blindness caused as a result of his army service is awarded n merits a special pension @ Rs. 500/- p.m. This is in addition his normal Disability Pension. Sanction for grant of Special Pension in each case in accorded by the Ministry on report of record officer through Pr.CDA(P) Allahabad. Based on the above sanction special pension is notified through PPO by Pr. CDA (P) Allahabad. Govt. of India, Ministry of Defence letter No. 12 SB(8)/52-2001/958/D(Res) dated 16.11.2001.
A special pension to blind soldier is admissible who is precluded from earning his livelihood on account of total or partial blindness caused as a result of his military service subject to fulfillment of the following conditions:-
- The individual has been invalided out of service on account of total or partial blindness.
- He is not already in receipt of special pension due to blindness.
- He is in receipt of disability pension.
- The blindness is accepted as attributable to military service and is assessed at 40% and above