DISABILITY PENSION & CASUALITY PENSIONARY AWARDS

 CABINET DECISION DATED 03 MAY 2017 - An extract of the press release is given below:-
 Disability Pension for Defence Pensioners
The Cabinet also approved the retention of percentage-based regime of 
disability pension implemented post 6th CPC, which the 7th CPC had recommended to be replaced by a slab-based system. 
The issue of disability pension was referred to the National Anomaly Committee 
by the Ministry of Defence on account of the representation received from the 
Defence Forces to retain the slab-based system, as it would have resulted in 
reduction in the amount of disability pension for existing pensioners and a reduction in the amount of disability pension for future retirees when compared to percentage￾based disability pension. 
The decision which will benefit existing and future Defence pensioners would 
entail an additional expenditure of approximately ₹130 crore per annum

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BROADBANDING OF DISABILITY - PCDA CIRCULAR NO 561 ADDRESSED ONLY TO VARIOUS RECORDS.
                                (READ AT THE BOTTOM OF THIS POST)



We intend dealing with the disability pension in this very post as one post covering all aspects of disabilty pension.

REVISION OF DISABILITY AWARD  AND WAR INJURY PENSIONS.  PRE-2006 RETIREES

   The much awaited MOD letter on the subject has been issued on 18th May by which the special family pension libealised family pension and war injury awards have been revised wef 01 Jan 2006 instead of 24 Sep Sep 2012. The affected pensioners will be entitled to arrears of their pensions accordingly.   OPEN AND READ MOD LETTER DT 18 MAY 2016.   The letter has tables of pensions for all cat of pre-2006 retirees.
  We have begun the process of hosting extracts of  tables for the disability and War Injury pension here some of tables as hosted are available below


      What is significant in the MOD letter  is very relevant to the War casualties invalided out of service contained in para 3 (h) where their service  for pension will be maximum of service of rank. They can also with the help of this convince their respective banks to pay out their OROP entitlements accordingly.

DISABILITY ELEMENT - REGULAR OFFICERS




DISABLITY ANNEX 1 (ARMY -  JCOs AND ORs)






SPECIAL/LIBERALISED  FAMILY PENSION (AMC/ADC/RVC DOCTORS & MNS)




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BROAD BANDING OF DISABILITY - GOVT ORDERS

The MOD has since issued orders on Broad banding of disability in persuance of the Orders of the Supreme Court. The broad banding as given earlier in the MOD Letter are as under 50%, 75% and 100%. We are not sure whether PCDA (P) will issue another letter to the banks.
 The MOD orders on broad banding of the disability are placed below.
   This letter in question pertains only to those Officers, JCO's & Other Ranks  who had approached the AFT and received favourable judgement. It was the result of the Supreme Court decision on the subject.  As regards all others effected personnel  a separate file for broad banding for every one has also been processed and the approval is awaited from Ministry of Finance (Expenditure) before any  orders can be issued for payment.








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CASUALITY PENSIONARY AWARDS - REVISION WEF 01 JAN 2006

 Govt of India Department of Pension & Pensioners Welfare OM No 45/3/2008/P & PW (F) has issued orders dated 29/04/2016 revising the pension wef 01/01/2006 under EOP rules for Central Civil Services.
http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/om_29042016.pdf     (REPRODUCED BELOW)

       The DPP&W had now applied the earlier revision of the casualty pensionary awards wef 01/01/2006 instead of present 24/09/2012. in respect of Central Civil Services based on the amount under fitment tables. The same will soon be extended  to Armed Forces Pensioners / Family Pensioners also, by amending  the conditions at para (7) of the MoD (DESW) letter ibid dated 10 Apr 2015. This applies to disability element, war injury element, special family pension and liberalized family pension besides the other categories listed therein.

      We hope the MOD (DESW) letter as well as the PCDA(P) circular will soon be out amending  Para (7) of their letter No 16(01)/2014/D(Pen/Pol) dated 10 Apr 2015 ref in PCDA(P) Circular No 542  (Download from ::  http://pcdapension.nic.in/6cpc/Circular-542.pdf ) thereby applying the revision of these pensionary awards wef 01 Jan 2006 instead of 24 Sep 2012.



    The affected pensioners will thus will be entitled to get the difference in their pensions as given in PCDA(P) Circular Nos 542 and 456 (Download from ::  http://pcdapension.nic.in/6cpc/Circular-456.pdf) for the period from 01 Jan 2006 to 23 Sep 2012. As given in other posts in this site the multiplication factor should be taken as 103.644 to get the total amount due as arrears to include time to time Dearness Reliefs as per applicable rates.

           PLEASE NOTE ::  THAT REAL PICTURE ON BENEFITS WILL ONLY EMERGE AFTER THE MOD (DESW) ISSUES ORDERS AND THE PCDA(P) PRODUCES THE CIRCULAR

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DEAPRTMENT OF P & PW LETTER DATED 29 APR 2016 LETTER :--

No.45/3/2008-P&PW  (F)

Government of India

Ministry of Personnel, Public Grievances  & Pensions Department of Pension & Pensioners' Welfare

3rd Floor, Lok Nayak Bhavan, Khan Market, New Delhi-110003. Dated the 29th April, 2016.

OFF ICE MEMORANDUM

Subject: Special benefit in cases of.death and disability in service- Revision of Disability Pension/Family pension of Pre-2006 disability pensioners/ Family Pensioners-regarding .

The undersigned is directed to say that the pension of pensioners/family pensioners who were drawing pension/family pension as on 1.1.2006 under the CCS(EOP) Rules was to be revised in accordance with Department of Pension & Pensioners' Welfare OM No.38/37/2008-P&P&W (A) dated 1.9.2008 . Accordingly, instructions were issued vide this Department OM of even number dated 30th September , 2010 for extension of benefits of modified parity to past pensioners for revision of disability pension/family pension covered under CCS(EOP) Rules.

2.        Orders were issued vide this Departmenfs OM No.38/37/2008-P &PW(A) dated 28th January , 2013 for further stepping up of normal pension/family pension to 50%/30% of the sum of minimum pay in the pay band and grade pay correspondi ng to the pre-revised pay scales from which the pensioner had retired, as arrived at with reference to the fitment table annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August 2008. It was decided to extend this benefit to pre-2006 disability pensioner/family pensioner covered under  the Central Civil Services (Extraordinary Pension) Rules vide this Departmenfs OM of even number dated 20.11.2014 .

3.           Orders have been issued vide this Departmenfs OM No.38/37/2008-P&PW(A) dated 30.7.2015 to revise the pension/family pension of all pre-2006 pensioners/family pensioners in accordance with this Departmenfs OM No.38/37/2008-P&PW (A) dated 28.1.2013 with effect from 1.1.2006 instead of 24.09.2012. Accordingly , it has been decided that the benefit of revision of disability pension/extra-ordinary family pension in terms of this Departmenfs OM of even number dated 20.11.2014 would also be applicable w .e.f. 01.01.2006 instead of 24.09.2012 .

4.           All other terms and conditions in the O.M. dated 3.2. 2000 , as amended vide O.M. No.45/3/2008-P&PW (F) dated 18.11. 2008 , 30.09.2010 and 20.11.2014 shall remain unchanged.

5.           This  issues with the  concurrence  of the  Ministry of Finance, Department of Expenditure , vide their l.D Note No.1(5)/EV/2012 , dated 23 .02.2016.

2 -

  

6.           All Ministries/Departments are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached and subordinate Offices under them on a top priority basis. All pension disbursing officers are also advised to prominently display these orders on their notice boards for the benefits of disability pensioners/family pensioners .

7.       Hindi version will follow.                                                        S/D

(Sujasha Choudhury)

Deputy Secretary Tele: 24635979

To

All Ministries/Departments of the Government of India as per standard distribution list.

Copy to Presidenfs Secretariat, Vice Presidenfs Secretariat , Prime Minister's Office, Cabinet Secretariat , Supreme Court of India, C&AG, UPSC, etc. as per standard endorsement list.

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INCOME TAX EXEMPTION - DISABILITY

In terms of  DSR Para 179 and 173 and copy of Hon SC' judgement dt 31.03.2011 in the case of Maj Buttar it would be seen that all ranks retiring with disability of 20% and above are deemed to have been "Invalidated out" of service and hence would come under Tax exemption.

                                                   DSR PARA 173

                                                         DSR PARA  179

                                                         THE JUDGEMENT


REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION  CIVIL APPEAL NO. 5591 OF 2006
K.J.S. Buttar                                              ..                 Appellant
-versus-
Union of India and Anr.                            ..                 Respondents
J U D G M E N T

Markandey Katju, J.
1. This appeal has been filed against the judgment and order dated 13.9.2004 in C.W.P. No.20447 of
2002 of the High Court of Punjab and Haryana at Chandigarh.

2. Heard learned counsel for the parties and perused the record.

3. The appellant is an ex-captain in the Indian Army, who was commissioned on 12.1.1969. During the course of his service, the appellant suffered serious injuries of a permanent nature and was

invalided out of service. The Release Medical Board held on 3.1.1979 viewed his injury ‘gun shot wound left elbow’ as attributable to military service and assessed the degree of disability at 50% and the appellant was released from service in Low Medical Category on 10.4.1979. Accordingly, the appellant was granted Disability Pension w.e.f. 26.7.1979.

4. The appellant filed a writ petition in the High Court claiming following benefits under Circular and Notification issued by the Ministry of Defence, Union of India from time to time :

           “a) War Injury Pension w.e.f. 1.1.1996 in terms of

 Ministry of Defence letter dated 31.1.2001;

            b) Treating the disability at 75% instead of 50% w.e.f. 1.1.1996 as per Ministry of Defence letter dated 31.1.2001;

              c) Grant of service element for full 10 years of service instead of 2 years; and 

            d) Revision of the rates of the disability pension w.e.f. 1.1.1996 in terms of the letter dated

31.1.2001.

It is pertinent to state that the Ministry of Defence letter dated 31.1.2001 had revised the rates pursuant to recommendations of Fifth Pay Commission.  ......   READ MORE  >>>>>

   READ FULL HONOURABLE SC  JUDGEMENT  MAJ BUTTAR'S CASE   CLICK TO  OPEN


                         REAL AUTHORITY LETTER ON IT EXEMPTION OF DISABILITY AND SERVICE ELEMENTS 

MINISTRY OF FINANCE INSTRUCTIONS ON INCOME TAX EXEMPTION ON DISABILITY :-       Use your mouse cursor to move document up and down the window below by holding left click button of your mouse as pressed.

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Broad banding of disability element i.r.o. Armed Forces Personnel - Implementation of Court/AFTs Orders: PCDA Circular 561


Office of the Principal CDA (Pensions)
Draupadi Ghat, Allahabad- 211014
                                                                                                        Circular No. 561 
Dated: 10.06.2016

To,
The O I/C,
Records PAO (ORs)


Subject: Broad banding of disability element in respect of Armed Forces Personnel retired/ discharged on completion of terms of engagement with disability aggravated by or attributable to Military Service- Implementation of Court/AFTs orders.


Consequent upon issue of GOI, MOD letter No. F. No. 3(11)2010-D(Pen/Legal)-Pt-V dated 18th April 2016 (copy enclosed). approval of competent authority has been conveyed for implementation of Court/ AFTs orders for granting broad banding benefits of disability element to an Armed Forces Personnel retired or discharged on completion of terms of engagement with disability aggravated by or attributable to Military Service (other than invalided out from service) from the date mentioned in respective Court Orders.


2. In view of the above, all affected cases covered under above order may be reviewed and claims may be forwarded to respective Pension Sanctioning Authorities alongwith Sheet Roll and other connected documents.


3. This circular has been uploaded on this office website www.pcdapension.nic.in. for dissemination of all concerned.


No. Gts/Tech/05/LXXVI
Dated: 10.06.2016
(Nasim Ullah)
Asst. Controller (Pensions)




F.No.3(11)2010-D[Pen/Legal)-PtV
Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pension/ Legal)


New Delhi, 18th April, 2016


To
Chief of the Army Staff
Chief of the Naval Staff
Chief of the Air Staff


Subject: - Broad Banding of Disability Element in respect of Armed Forces personnel retired/discharged on completion of terms of engagement with disability aggravated by or attributable to Military Service - implementation of Court/AFTs orders.


The Hon'ble Supreme Court vide order dated 10.12.2014 dismissed more than 800 Civil Appeals tagged with Civil Appeal No. 418 of 2012 filed by the Union of lndia Vs Ram Avtar challenging grant of broad banding of disability element by AFl's to Armed Force Personnel other than “invalided out” from service. The Hon’ble Supreme Court ruled that an Armed Force Personnel retired on completion of tenure with disability aggravated by or attributable to Military Service is eligible for broad banding of Disability Pension/Element

2. The matter of implementing Hon‘ble Apex Court judgment dated 10.12.014 in case of Civil Appeal No. 418 of 2012 was taken up with Department of Expenditure, Ministry of Finance for consideration. Department of Expenditure. Ministry of Finance has agreed to implement orders of the.Courts on the matter of broad banding of disability element in the case of personnel who are retained in service till normal retirement Accordingly, approval of Competent Authority is hereby conveyed for implementation of Court/AFB orders granting broad banding of disability element to
an Armed Force Personnel retired or discharged on completion of terms of engagement with disability aggravated by or attributable to Military Service from the date mentioned in respective court orders.

3. This issues with concurrence of MoD (Fin/Pen) vide no No 711/Fin/ Per dated 12.04.2016.

(R.R. Verma)
Under Secretary to the Govt. of India



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