DISABILITY - RELATED

 DISABILITY - BROADBANDING
  Finally the GoI has given in to the Broad-banding of disability for all. The details are given in PCDA circular number 596 dated 9th Feb 2018. This circular may be downloaed from their site  http://pcdapension.nic.in/pcdapension/7cpc/Circular-596.pdf .

There are now only 3 stages in the disability 50%, 75% and 100% as given in the GoI letter quoted there in. There is no need to go to AFT or the AG's branch the orders have been issued to the PDAs to pay the arrears wef Jan 2006 for all the pre-2016 retirees in receipt of the disability. 





There is no change in the calculation of the disability element. for 100% disability it is 30% of the last pay drawn which means 15% of the retiring basic pension as on date for 100% disability as such for 50% disability it will be 7.5% of the basic retiring pension and for 75% disability it will be 11.25% . of the basic retiring pension.

We have used this very method in calculating disability pension amount in our Web Post on working out arrears for a period using a tool which conforms to the Disability tables No 70 and 71 in PCDA(P) Circular No 555 (OROP). Calculation of War Injury Disability element is different .

Both the service element as also the disability element together with DA on them are  Income Tax free. Wile filing the returns on like this amount be shown as exempt income in the relevant box in the return. 

One can easily calculate the arrears by using our tool given in our post in case not already done. GO TO CHECK TOOL - CLICK

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 DISABILITY ELEMENT TO THOSE OFFICERS WHO WERE RETAINED IN SERVICE DESPITE THEIR DISABILITY HAS BEEN ALLOWED TO RETIREES OF PRE-JAN 2006 (T&C).
 Government of India, Ministry of Defence Department of Ex-Servicemen Welfare vide their letter No. 16(5)/2008/D(Pension/Policy) dated 19th May, 2017 has issued order on the above subject matter amending para 3 of the Ministry's letter No.16(5)/2008/ D(pen/Policy) dated 29th September 2009.

     The issue of extension of above benefit to the Pre-2006 retired/discharged Armed Forces Personnel, who were retained in service despite disability attributable to or aggravated by military service, was under active consideration of Government.


Now, the President is pleased to decide that all Pre- 2006 Armed Forces Personnel who were retained in service despite disability and retired voluntarily or otherwise will be allowed disability element/war injury element in addition to retiring/ service pension or retiring/ service gratuity, subject to the condition that their disability was accepted as attributable to or aggravated by military service and had foregone lump sum compensation in lieu of that disability. Further, concerned Armed Forces Personnel should still be suffering from the same disability which should be assessed at 20% or more on the date of effect of this letter.




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DISABILITY ELEMENT TOGETHER WITH RETIRING PENSIONS ARE EXEMPT FROM INCOME TAX UNDER RULE 10 OF THE FINANCE ACT.

      The details of various authorisations are available in this site , please browse through the INDEX of this site


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Of 800 appeals against soldiers with disability in SC, just 1 win for Centre

Vijay Mohan, Tribune News Service, Chandigarh, April 1

Point of contention:-

• Denial of disability benefits has for long been a sore point for disabled soldiers
• Despite multiple favourable decisions by the SC, pension continues to be refused to such soldiers
• Pro-soldier verdicts are challenged by the MoD till SC even in cases where point of law has been settled.

While the Ministry of Defence (MoD) filed close to 800 appeals in the Supreme Court against disabled ex-servicemen in last three years, it managed to win only one case.

Admitting this in Parliament this week, Minister of State for Defence Dr Subhash Bhamre said appeals against soldiers with disability accounted for a whooping 61.50% of all appeals filed by the government.

Appeals are filed by the government in the SC against judgments of the Armed Forces Tribunal (AFT) and the High Courts that have gone in favour of disabled ex-servicemen who had sought redressal of their grievances concerning pension and related benefits.

The matter has been taken up repeatedly with the government by various ex-servicemen’s association as well as MPs, who have pointed out that such appeals were continuing despite the Centre’s directives to all departments for cutting down litigation.

Recently, the Defence Minister had also issued directions to implement the recommendations of a committee of experts  that had come down heavily on the Army and the Ministry of Defence for causing agony to disabled soldiers. 

The committee had termed such actions contemptuous and recommended withdrawal of all appeals filed against disabled soldiers and conceding cases that were covered by the Supreme Court and High Court verdicts. Recommendations similar to the expert committee were also made by the 7th Central Pay Commission that were later accepted by the Centre.

The AFT’s Chandigarh Bench had a few months ago reminded the MoD and the Army Headquarters that their frivolous appeals against disability pension of soldiers were causing great distress to the system and shaking the faith of the common person in the rule of law. It said the cost of frivolous litigation should be recovered from the officers taking such decisions. 

Posted at: Apr 2, 2017, 2:13 AM; last updated: Apr 2, 2017, 2:13 AM (IST)