There are about 22 lakhs exservicemen in the country. They are the most valuable human resources that the country can make use of. The objective of this blog is to provide a medium for exchanging views & educating the veterans of the Armed Forces by disseminating important information. This Blog has been conceived by a team comprising of Veteran Prabhjot Singh Chhatwal PLS Retd., Veteran BS Sohi(Both IAF), Veteran S.C. Sharma(Navy) & Veteran Malkiat Singh(Army). The postings in this Blog are only the personal opinion and do not necessarily reflect the views of the “Ex Soldiers, Sailors and Airmen Association” blog team. These are expressed in good faith for the general welfare of the veterans of the Indian Armed Forces. The contents of this blog are neither for business nor for any commercial gains. Neither the “Ex Soldiers, Sailors and Airmen Association” blog team nor the individual authors of any material on this blog accept responsibility for any loss or damage however caused (including through negligence), which you may directly or indirectly suffer arising out of your use or reliance on information contained on or accessed through this blog. All views and opinions presented are solely those of the surfer veterans and do not necessarily represent those of “Ex Soldiers, Sailors and Airmen Association” blog team. This is not an official blog site. This blog is run by a team of Veterans of the Indian Armed Forces. It is not affiliated to or officially recognized by the MOD or Air Hq., Naval Hq., Army Hq. or Govt/State.

Thursday, January 28, 2010

Improvement of Disability Pension for pre-06 retirees :Veteran Prabhjot Singh Chhatwal PLS Retd

Improvement of Disability Pension for pre-06 retirees :
Orders partly issued-Navdeep
The Govt of India has issued certain orders regarding
disability pension in pursuance to the recommendations
of the Committee of Secretaries headed by the Cabinet
Secretary.The benefit of rounding-off / broad-banding
of disability percentage has now been extended to pre-
1-1-1996invalided personnel also. The provisions of the
earlier Govt of India letter dated 31 Jan 2001 which
provided a cut-off date of 1-1-96 for the said benefit, stand amendedaccordingly.The cap on War Injury Pension
restricting thesame to the maximum of ‘last drawn
emoluments’ for personnel invalided out in Category ‘E’
of the above mentioned letter dated 31 Jan 2001 also stands
removed.The orders on calculating disability element on a
percentage basis have not been issued as yet.The benefit of
rounding-off/broad-banding, like before, has only been
extended to persons who were ‘invalided out’ and not to those
who wereretired / discharged on completion of terms of
engagement or on superannuation. The Hon’ble Punjab
Haryana HighCourt in Paramjit Singh Vs UOI, while differing
with the Hon’ble Supreme Court in Lt Col PK Kapoor Vs UOI,
has already held this action to be arbitrary. Surprisingly,
neither the Petitioner nor the Govt had brought to the notice
of the Hon’ble Supreme Court in Col Kapoor’s case that
Regulations now themselves provide that persons in Low
Medical Category at the time of retirement are also ‘deemed’
to be invalided out for the purposes of disability pension.The
different treatment between invalided and superannuating
personnel also seems strange in view of the fact that broad-
banding / rounding-off was introduced to curb medical s
ubjectivity since it was felt that different medical boards were
providing different percentages of disability for similar
ailments. To counter such assessment mistakes, the concept
of broad-banding of disability percentage was introduced.
Keeping this in view, it hardly makes any sense to deny broad-
banding to superannuating personnel while granting it to
invalided personnel since that would amountto saying that
medical subjectivity was only existing in medical boards
examining invalided personnel and notthose which were
examining superannuating personnel. This fact of the reason
behind broad-banding was hiddenfrom the Hon’ble Supreme
Court in Kapoor’s case and hence the judgement has no
binding effect on courts inferior being a judgement sub-
silentio. In fact, the judgement was rendered on the incorrect
statement of the Union of Indiathat broad-banding was
granted as a compensation to invalided personnel, a fact
that was sadly not countered by the Petitioner who was
appearing in person.
Veteran Prabhjot Singh Chhatwal PLS Retd.
Mob.098554-09128,Tele-fax 0175-5000896

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