PENSIONS & ALLIED ISSUES OF DEFENCE SERVICES PERSONNEL

PENSIONS & ALLIED ISSUES OF DEFENCE SERVICES PERSONNEL

IS GOVT OF INDIA DOMINATED BY LOW LEVEL BABUS : DESK OFFICERS, UNDER SECY, DY SECY FAIR TO ARMED FORCES PERSONNEL?

RANK PAY ARREARS THANKS TO MAJ AK DHANAPALAN & RDOA AND JUDGMENT OF HON’BLE SUPREME COURT
PENSION ARREARS FROM JAN 2006 TO 23 SEP 2012 DUE TO JUDGMENT OF HON’BLE SUPREME COURT MIN PAY IN PAY BAND VS MIN OF PAY BAND

BASIC PAY OF MAJs IN 6TH CPC SCALE OF PAY RAISED FROM RS 15,600 TO RS 23,810 THANKS TO JUDGEMENT OF HON’BLE SUPREME COURT IN SQN LDR VK JAIN VS UOI AND CDR AVTGAR SINGH VS UOI.

BROAD BANDING TO 800 DISABLED SOLDIERS GRANTED DUE TO JUDGMENT OF HON’BLE SUPREME COURT IN DEC 2014.
NA-NA NOT VALID ANYMORE. ANY DISABILITY SUFFERED BY ARMED FORCES PERSONNEL ATTRIBUTABLE TO MIL SERVICE

ALL PRE- 1996 MAJ GENs GOT HIGHER PENSION DUE TO HON’BLE SUPREME COURT IN MAJ GEN SPS VAINS VS UOI
53 PRE – 2006 MAJ GENs GOT HIGHER PENSION W.E.F. JAN 2006 DUE TO JUDGMENT OF AFT CHANDIGARH BASED ON JUDGMENT OF HON’BLE SUPREME COURT

33 YEAR RULE FOR PENSION FIXATION FOR PRE – 2006 PENSIONERS SET ASIDE BY HON’BLE SUPREME COURT. THIS WILL BENEFIT SEPOYS TO HAVILDARS AND ALL OFFICERS WHO GOT PRE-MATURE RETIREMENT. ONLY 50% OF LAST DRAWN EMOLUMENTS WILL BE PENSION

MEDICAL OFFICERS OF DEFENCE SERVIVES GOT NPA TO BE ADDED TO BASIC PAY FOR FIXATION OF PENSION THANKS TO JUDGMENT OF HON’BLE SUPREME COURT OF INDIA. CASE FILED IN HON’BLE AFT DELHI FOR NFFU TO DEFENCE SERVICES OFFRS

SEQUECEN OF PRESENTATION

SEQUENCE OF PRESENTATION
ELIGIBILITY FOR PENSION TYPE OF PENSIONS & CALCULATION OF PENSION PPO & CORR PPOs RANK PAY ARREARS PENSION ARREARS FROM JAN 2006 TO 23 SEP 2012 ONE RANK ONE PENSION (OROP)/ MIL PENSION 7TH CPC RECOMMENDATIONS FOR PENSIONERS FROM ARMED FORCES CORR PPO FOR DATE OF BIRTH OF SPOUSE ADDRESS TO BE SENT ON LINE TO PCDA(PENSIONS) ALLHABAD

SEQUENCE OF PRESENTATION
ACTION IN CASE OF EXCESS PAYMENT OF PENSION /SHORTFALL IN PENSION DACP FOR MEDICOS NFFU ACTION IN CASE OF DEATH OF PENSIONERS BY SPOUSE T-SEWA LEGAL CASES MISCELLANEOUS ISSUES CONCLUSION QUESTION & ANSWER SESSION

SOME DATA NUMBER OF PENSIONERS - 24 LAKHS
FROM THE ARMED FORCES + WIDOWS INCLUDING 4 LAKH DEFENCE CIVILIANS PENSION BUDGET Rs 56,000 OF DEFENCE PERSONNEL CRORES

WHAT IS PENSION AND ITS SIGNIFICANCE?

PENSION AS PER HON’BLE SUPREME COURT
D.S NAKARA & OTHERS Vs UNION OF INDIA CASE NO:(1983) 1 SCC 305 HON’BLE MR JUSTICE YV.CHANDRACHUD, CHIEF JUSTICE HON’BLE MR JUSTICE VD. TULZAPURKAR HON’BLE MR JUSTICE O. CHINNAPPA REDDY HON’BLE MR JUSICE BAHARUL ISLAM HON’BLE MR JUSTICE D.A. DESAI

WHAT IS PENSION & ITS SIGNIFICANCE ?
Genesis of Pension Its genesis can be traced to the first Act of Parliament (in UK) to be concerned with the provision of pensions generally in public offices. It was passed in 1810. QUESTIONS POSED BY THE HON’BLE SUPREME COURT What is a pension ? What are the goals of pension ? What public interest or purpose, if any, it seeks to serve ? If it does seek to serve some public purpose, is it thwarted by such artificial division of retirement pre and post a certain date ?

ANSWERS BY THE HON’BLE SUPREME COURT
Initially this class of pension appears to have been introduced as a reward for loyal service. Probably the alien rulers who recruited employees in lower echelons of service from the colony and exported higher level employees from the seat of Empire, wanted to ensure in the case of former continued loyalty till death to the alien rulers and in the case of latter, an assured decent living standard in old age ensuring economic security at the cost of the colony. In the course of transformation of society from feudal to welfare and as socialistic thinking acquired respectability, State obligation to provide security in old age, an escape from undeserved want was recognised and as a first step pension was treated not only as a reward for past service but with a view to helping the employee to avoid destitution in old age.

The pensioner would be able to live:
The quid pro quo, was that when the employee was physically and mentally alert he rendered unto master the best, expecting him to look after him in the fall of life. The pensioner would be able to live: (i) Free from want, with decency, independence and SELF RESPECT and (ii) At a standard equivalent at the pre-retirement level. Conclusions by the Hon’ble Supreme Court on Pension Pension is a RIGHT; not a bounty or gratuitous payment. The payment of pension does not depend upon the discretion of the Government but is governed by the rules and a government servant coming within those rules is entitled to claim pension

The pension payable to a government employee is earned by rendering long and efficient service and therefore can be said to be a deferred portion of the compensation for service rendered Pension also has a broader significance in that it is a social-welfare measure rendering socio-economic justice by providing economic security in old age to those who toiled ceaselessly in the hey-day of their life Pension as a retirement benefit is in consonance with and in furtherance of the goals of the Constitution. The goals for which pension is paid themselves give a fillip and push to the policy of setting up a welfare state.

ELIGIBILITY FOR PENSION

ELIGIBILITY FOR PENSION
ALL DEFENCE SERVICES PERSONNEL WHO COMPLETE MINIMUM PENSIONABLE SERVICE ON RETIREMENT /THOSE DISBALED AND BOARDED OUT/INVALIDED ARE ELIGIBLE TO GET PENSION. PENSION IS PAID UPTO LIFE TIME AND THERE AFTER TO THE LEGAL HEIR(S) FOR LIFE TIME OR FIXED TIME SERVICE REQUIRED FOR MINIMUM PENSION JCO/OR YEARS OFFICER REGULAR YEARS OFFR LATE ENTRY YEARS (TA OFFRS)

COUNTING OF PENSIONABLE SERIVCE
FOR JCOS/OR - FROM DATE OF JOINING TRAING CENTRES FOR OFFICERS OFFICERS WITH OR - OR SERVICE ALSO COUNTED SERVICE TECHNICAL GRADUATES FROM DATE OF JOINING IMA DEHRADUN/TRG ACADEMIES OTHER ENTRIES - FROM DATE OF COMMISSION

COUNTING OF FRACTION OF AN YEAR FOR SERVICE
IGNORE LESS THAN 3 MONTHS 21 YEARS 2 MONTHS YEARS BETWEEN 3 AND 6 MONTHS – 6 MONTHS 21 YEARS 3 MONTHS 10 DAYS YEARS BETWEEN 6 AND LESS THAN 9 MONTHS – 6 MONTHS 21 YEARS 7 MONTHS 2 DAYS YEARS BETWEEN 9 MONTHS & LESS THAN YEAR - YEAR 21 YEARS 9 MONTHS 12 DAYS – 22 YEARS

TYPE OF ENTRY HOW TO COUNT
DIRECT ENTRY FROM TRG ACADEMY (EX-NDA, DE,OTU) FROM DATE OF COMMISSIONING TO DATE OF RETIREMENT TECHNICAL GRADUATES FROM DATE OF COMMENCEMENT OF TRAINING IN TRAINING ACADEMY TO DATE OF RETIREMENT OFFICERS WITH OR SERVICE DATE OF ENROLMENT TO DATE OF RETIREMENT BUT TO GET OFFICER’S PENSION TO SERVE MINIMUM 10 MONTHS AS AN OFFICER

TYPE OF ENTRY HOW TO COUNT
DIRECT ENTRY FROM TRG ACADEMY (EX-NDA, DE,OTU) 11 DEC 1962 TO 31 DEC 1996 TECHNICAL GRADUATES DATE OF JOINING IMA : 13 JAN 1972 DATE OF PASSING OUT: 24 DEC 1972 DATE OF RETIREMENT : 31 MAR 2004 ; (13 JAN 1972 – 31 MAR 2004) OFFICERS WITH OR SERVICE DATE OF ENROLMENT: 12 JAN 1982 DATE OF GETTING COMMISSION : 15 MAY 1997; DATE OF RETIREMENT : 31 JAN 2014 (12 JAN 1982 – 31 JAN 2014)

PENSION IS DEPENDENT UPON 1. LENGTH OF SERVICE 2
PENSION IS DEPENDENT UPON LENGTH OF SERVICE RANK HELD AT THE TIME OF RETIREMENT NPA FOR MEDICOS

CONDITIONS FOR RANK : PRE- 2006 OFFRS
SHOULD HAVE HELD THE RANK FOR MINIMUM PERIOD OF 10 MONTHS FOR ACTING RANK, MINIMUM SERVICE IS: RANK PRE – 2006 (IN YEARS) POST – 2006 COL 20 8 .5 YEARS (WITH MIN 2 YEARS IN THE RANK OF MAJ & ABOVE ) BRIG 23 12 YEARS (WITH MIN 3 YEARS IN THE RANK OF LT COL & ABOVE) MAJ GEN 25 20 YEARS LT GEN 28

WHO ARE ALL ELIGIBLE FOR PENSION
ARMED FORCES PERSON WHO SERVED FOR PENSIONABLE PERIOD (20 YEARS FOR OFFICERS) LEGALLY WEDDED SPOUSE WIDOWED OR DIVORCED OR UNMARRIED DAUGHTER ON DEATH OF WIDOW. UNEMPLOYED SON TILL AGE OF 25 YEARS HANDICAPPED CHILD OR CHILDREN(MENTAL LY OR PHYSICALLY CHALLENGED). MARRIGE IS NO BAR WHOLLY DEPENDENT PARENTS/BROTHER/SISTER IN CASE OF BECHELOR SOLDIER OR WIDOWER SOLDIER WITHOUT CHILDREN DEPENDENTS IN CASE OF SPECIAL/LIBERALISED FAMILY PENSION

PROTECTION OF PENSION NO COURT OF LAW CAN ATTACH PENSION
PROTECTION AGAIST SEIZURE PROTECTION AGAINST SEQUESTRATION – TAKING CONTROL FOR ANY DEBTS INCURRED ANY EXCESS PAYMENT BY PENSION DISBURSING AUTHORITY (PDA) TO BE RECOVERED WITH CONSENT OF PENSIONER IN LUMPSUM OR IN INSTALMENTS NOT EXCEEDING 1/3 OF PENSION

CATEGORY OF PENSIONERS
PRE – 2006 RETIREES (MODIFIED PARITY) POST – 2006 RETIREES

ENTITLEMENT :PRE – 2006 RETIREES
FULL PENSION. 50%(10 MONTHS AVERAGE EMOLUMENTS TO INCLUDE BASIC PAY + RANK PAY+NPA) SUBJECT TO 33 YEARS INCLUDING WEIGHTAGE FOR THAT RANK AT THE TIME OF RETIREMENT WEIGHTAGE LT/CAPT YEARS COL YEARS MAJ YEARS BRIG YEARS LT COL YEARS MAJ GEN YEARS LT COL(TS) 5 YEARS & ABOVE

TYPES OF DEFENCE PENSIONS

TYPES OF PENSION SERVICE PENSION DISABILITY PENSION
LIBERALISED DISABAILITY PENSION INVALID PENSION WAR INJURY PENSION FOR WIDOWS ORDINARY FAMILY PENSION(OFP) ENHANCED ORDINARY FAMILY PENSION(EOFP) SPECIAL FAMILY PENSION(SFP) LIBERABALISED FAMILY PENSION(LFP) SPECIAL PENSION FIRST & SECOND LIFE AWARDS

HON’BLE JUSTICE MARKANDEY KATJU HON’BLE JUSTICE A.K. PATNAIK
COMMENTS OF HON’BLE SUPREME COURT ON TREATMENT GIVEN BY GOVT OF INDIA TO THE DEFENCE SERVICES PERSONNEL CIVIL APPEAL NO 4474 OF 2005 BETWEEN CAPT CS SIDHU Vs UNION OF INDIA IN THE DIVISION BENCH COMPRISING OF HON’BLE JUSTICE MARKANDEY KATJU HON’BLE JUSTICE A.K. PATNAIK Before parting with this case, we regret to say that the Army officers and Army men in our country are being treated in a shabby manner by the government. In this case, the respondent, who was posted at a high altitude field area and met with an accident during discharge of his duties, was granted a meager pension as stated in Annexure-P3 to this appeal. This is a pittance (about Rs. 1000/- per month plus D.A.).

If this is the manner in which the Army personnel are treated, it can only be said that it is extremely unfortunate. The Army personnel are bravely defending the country even at the cost of their lives and we feel that they should be treated in a better and more humane manner by the Governmental authorities, particularly, in respect of their emoluments, pension and other benefits

KNOW YOUR CORRECT PENSION

PENSION PRIOR TO 01 JAN 2006

COLONEL DATE OF RETIREMENT : 31 MAR 2004; SERVICE : 28 YEARS PENSION ENHANCED AS UNDER: FROM DATE OF RETIREMENT TO 31 DEC FROM 01 DEC 2006 TO 23 SEP W.E.F. 24 SEP 2012

PENSION FROM 01 APR 2004 TO 31 DEC 2005 DEARNESS RELIEF @61% = 5,795
10 MONTHS AVERAGE EMOLUMENTS = SAY RS 17,000(BASIC) + 2,000(RANK PAY) + NPA (FOR MEDICOS) PENSIONABLE SERVICE = WEIGHTAGE = 35 YEARS (>33) ELIGIBLE FOR FULL PENSION PENSION SERVICE PENSION = 0.50*(17,000+ 2,000) = 9,500 DEARNESS RELIEF @61% = 5,795 TOTAL PENSION = 15,295 MINUS COMMUTATION(MAX 43%) (-) 2,850 (SAY) MINUS INCOME TAX (-) 2,000(SAY) NET REMITTANCE TO BANKER = Rs 10,445

COLONEL WITH 23 YEARS OF ACTUAL SERVICE & RETIRED IN MAR 2004
10 MONTHS AVERAGE EMOLUMENTS = RS 14,000 + 2,000(RANK PAY) PENSIONABLE SERVICE = WEIGHTAGE = 30 YEARS PENSION = 0.50*(14,000+ 2,000) x 30/33 = 7,273 + DEARNESS RELIEF (5,500) – COMMUTATION (2,000) – INCOME TAX (800) = Rs 9,973

PENSION OF PRE – 2006 OFFICERS W. E. F
PENSION OF PRE – 2006 OFFICERS W.E.F. JAN 2006 CONSIDERED AS IF RETIRED ON 31 JAN 2006

PENSION OF PRE – 2006 OFFICERS UNDER MODIFIED PARITY IN PENSIONS HAS BEEN LINKED TO PAY SCALE OF POST – 2006 OFFICERS TO BRIDGE GAP BETWEEN PENSIONS OF PRE – 2006 & POST – 2006 OFFICERS. THIS IS AS PER LAND MARK JUDGMENT OF HON’BLE SUPREME COURT IN CASE OF MAJ GEN SPS VAINS VS UNION OF INDIA DELIVERED IN IT WAS MANDATED THAT PENSION OF SENIOR RANKED OFFICER CAN NOT BE LESS THAN THAT OF HIS JUNIOR

MAJ GEN SPS VAINS Vs UNION OF INDIA CASE NO: (2008), 9, SCC, 125 HON’BLE SUPREME COURT OF INDIA

THE DECISION OF GOVT OF INDIA TO STEP UP THE PENSION OF
SALIENT FEATURES THE DECISION OF GOVT OF INDIA TO STEP UP THE PENSION OF MAJ GEN RETIRED PRIOR TO 1996 TO THAT OF BRIGADIERS RETIRED PRIOR TO CREATES TWO CLASSES OF MAJ GENs I.E MAJ GEN PRE – 1996 RETIREES WITH LESS PENSION AND THE OTHER MAJ GEN POST RETIREES WITH MORE PENSION THE ACTION OF GOVT OF INDIA IS TO CREATE A CLASS WITHIN A CLASS VIOLATING ARTICLE 14 OF CONSTITUTION OF INDIA PLEA OF GOVT OF INDIA IS DISMISSED WITH A DIRECTION TO NOTIONALLY FIX PAY OF MAJ GEN RETIRED PRIOR TO 1996 TO THAT OF POST 1996 AND PAY PENSION ACCORDINLY WITH ARREARS FROM THE DATE OF FILING WRIT PETETION BECAUSE OF THIS LAND MARK JUDGMENT, ALL PRE – 2006 RETIREES ARE TREATED AS IF THEY RETIRED ON 01 JAN 2006

FROM 01 JAN 2006 TO 23 SEP 2012 PAY BANDS
PB - 3: LT, CAPT, MAJ : Rs 15, ,000 PB – 4: LT COL TO MAJ GEN : Rs 37,400 – 67,000 HAG : LT GEN (20 JAN 2010) : Rs 67,000 – 79,000 HAG +: 30% LT GENS : RS 75,500 – 80,000 LT GEN NOT PROMOTED AS : RS 80,000 ARMY CDR & ARMY CDRS APEX SCALE : SERVICE CHIEF : Rs 90,000 PENSION : 50% OF (MINIMUM PAY IN PAY BAND + GRADE PAY + MILITARY SERVICE PAY+NPA)

WHAT SHOULD BE THE PENSION & DID YOU GET IT W.E.F. 01 JAN 2006?
RANK MIN PAY IN PAY BAND GRADE PAY MSP PENSION = 50% OF PAY + GP +MSP LT 15,600 5,400 6,000 13,500 CAPT 18,600 6,100 15,350 MAJ 23,710 6,600 18,155 LT COL 38,900 8,000 26,450 COL 40,890 8,700 27,795 BRIG 43,390 8,900 29,145 MAJ GEN 44,700 10,000 30,350 LT GEN 55,000 12,000 36,500

SLEIGHT OF HAND BY MIN OF DEF
COLONEL(PB-4: RS 37,400 – 3% - 67,000) MINIMUM PAY IN PAY BAND RS 40,890 MINIMUM IN PAY BAND RS 37,400 PENSION FIXED AS ON 01 JAN 2006 : 0.50 x (37, ) = RS 26,050 PENSION SHOULD HAVE BEEN FIXED CORRECTLY = = 0.50 x (40, , ,000) = RS 27,795 LOSS OF PENSION PER MONTH FROM JAN 2006 TO 23 SEP 2012 (NOW GOING TO BE GIVEN AS ARREARS) = RS 0.50 x (40,890 – 37,400) = RS 1,745 + DR

MINIMUM PAY IN PAY BAND FOR PRE- 2006 RETIREES W.EF. 01 JAN 2006
LT - Rs 15,600 CAPT - Rs 18,600 (Vs Rs 15,600) MAJ - Rs 23,810 (Vs Rs 15,600) LT COL - Rs 38,530 (Vs Rs 37,400) COL - Rs 40,890 (Vs Rs 37,400) BRIG - Rs 43,390 (Vs Rs 37,400) MAJ GEN - Rs 44,700 (Vs Rs 37,400) LT GEN - Rs 55,000

PENSION ARREARS FROM JAN 2006 TO 23 SEP 2012

SER NO RANK PENSION W.E.F JAN 2006 PENSION W.E.F. 24 SEP 2012 ARREARS PER MONTH FOR 33 YEARS SERVICE 1 LT 13,500 15,465 1,965 2 CAPT 13,850 16,145 2,295 3 MAJ 14,464 18,205 3,741 4 LT COL 25,700 26,265 565 5 COL 26,050 27,795 1,745 6 BRIG 26,150 29,145 2,995 7 MAJ GEN 26,700 30,350 3,650

PERIOD LT CAPT MAJ LT COL COL BRIG MAJ GEN JAN TO JUN 2006 11,790 13,770 22,446 3,390 10,470 17,970 21,900 JUL TO DEC 2006 12,206 14,045 22,895 3,458 10,679 18,329 22,338 JAN TO JUN 2007 12,479 14,596 23,793 3,593 11,098 19,048 23,214 JUL TO DEC 2007 12,851 15,009 24,466 3,695 11,412 19,587 23,871 JAN TO JUN 2008 13,205 15,422 25,140 3,797 11,726 20,126 24,528 JUL TO DEC 2008 13,676 15,973 26,037 3,932 12,145 20,845 25,404 JAN TO JUN 2009 14,384 16,799 27,384 4,136 12,773 21,923 26,718 JUL TO DEC 2009 14,973 17,488 28,506 13,297 22,822 27,813 JAN TO JUN 2010 15,917 18,590 30,302 14,135 24,260 29,565 JUL TO DEC 2010 17,096 19,967 32,547 4,305 15,182 26,057 31,755 JAN TO JUN 2011 17,803 20,793 33,893 4,577 15,810 27,135 33,069 JUL TO DEC 2011 18,628 21,757 35,465 4,916 16,543 28,393 34,602 JAN TO JUN 2012 19,454 22,721 37,036 5,119 17,276 29,651 36,135 JUL TO 23 SEP 2012 9,351 10,921 17802 2,689 8,304 14,252 17,369 TOTAL ARREARS 2,03,650 2,37,851 3,87,712 58,556 1,80,849 3,10,398 3,60,973

ENGINEERS WAY OF WORKING OUT ARREARS: 103.64444
ARREARS : HIKE x 6 ( )+HIKE(2 MONTHS & 23 DAYS OF SEP 2012 x 1.72) = HIKE x 6 x HIKE x 2.766x 1.72 = HIKE x 6 x (16.48) + HIKE x = HIKE x HIKE x = HIKE x ( ) = HIKE x ( ) FOR BRIG = ( ) x = Rs 3,10,401 Vs 3,10,398 (Detailed Calculations six monthly wise)

ADDITIONAL PENSION FOR SUPER SENIOR CITIZENS
AGE BRACKET ADDL QUANTUM OF PENSION 80 - < 85 20% 85 - <90 30% 90 - <95 40% 95 - <100 50% 100 & BEYOND 100% NOTE: ADDITIONAL PERCENTAGES ABOVE ARE TO BE PAID ON DISABILITY ELEMENT ALSO

PRACTICAL EXAMPLE OF VARIOUS TYPES OF PENSIONS: OFFICERS

EXAMPLE OF PENSIONS OF VARIOUS TYPES AS ON MAR 2015 (DR @ 107% )
RANK : COLONEL SERVICE : 33 YEARS DATE OF RETIREMENT : 31 DEC 2005 PAY SCALE : Rs 15,100 – 450 – 17,350 (5TH CPC SCALE) COMMUTATION : 43% CONTINGENCY - I : SHAPE – I CONTINGENCY – II : DISABLED 20% CONTINGENCY – III : DISABLED 20% IN IS DUTIES, ANTI SOCILA ELEMENTS ETC CONTINGENCY – IV : WAR INJURED CONTINGENCY – V : SENA MEDAL (GALLANTRY)

SUPER ANNAUTED WITH DISABLITY 20%
SUPER ANNUATED IN SHAPE - 1 SERVICE PENSION (Rs 27,795 x 2.07) = Rs 57,535.65 (INCLUDING DEARNESS 107% ) 43% = *(17, )*0.43 DONE AT THE TIME OF RETIREMENT ON 31 DEC = Rs 4,160 NET PENSION = Rs 57,536 – 4,160 –IT = Rs 53,376 – IT SUPER ANNAUTED WITH DISABLITY 20% DISABILITY ELEMENT(20%) = Rs x 0.20 = 3,435 FOR 100% DISABILITY, IT IS 30% OF SERIVCE PENSION; FOR LESSSER DISABILITIES, AMOUNT IS PROPORTIONATELY REDUCED AS PER CIRCULAR 542

DISABILITY ELEMENT: CIRCULAR 542
RANK DISBILITY ELEMENT FOR 100% DISABILITY LT 9,279 CAPT 9,687 MAJ 11,298 LT COL 16,203 COL (TS) 17,166 COL(SG) 17,178 BRIG 18,048 MAJ GEN 18,750 LT GEN 22,557 ARMY CDR 24,000 COAS 27,000 (=90,000 x 0.3)

WAR INJURY ELEMENT: DISCHARGE
RANK WAR INJURY ELEMENT FOR 100% WAR INJURY ELEMENT FOR 100% DISABILITY LT 18,558 CAPT 19,374 MAJ 22,596 LT COL 32,406 COL (TS) 34,332 COL(SG) 34,356 BRIG 36,096 MAJ GEN 37,500 LT GEN 45,114 ARMY CDR 48,000 COAS 54,000 (0.6 x 90,000)

WAR INJURY ELEMENT : INVLAIDMENT @ 100%)
RANK WAR INJURY ELEMENT FOR 100% DISABILITY LT 30,930 CAPT 32,290 MAJ 37,660 LT COL 54,010 COL (TS) 57,220 COL(SG) 57,260 BRIG 60,160 MAJ GEN 62,500 LT GEN 75,190 ARMY CDR 80,000 COAS 90,000

SUMMARY OF PENSIONS VARIOUS TYPES: COL
SHAPE – I = Rs 53,376 - INCOME TAX DISBALED 20% = Rs 57, ,436 WAR INJURED AND DISCH = RS 57, ,871 WAR INJURED WITH 20% = Rs 57, ,452 GALLANTRY AWARD SM = Rs 53,376 + NO IT NOTE: ADD EXTRA AS UNDER:- AGE IS 80 YEARS : 20 % AGE IS 85 YEARS : % AGE IS 90 YEARS : 40%; AGE IS 95 : 50% AGE IS 100 YEARS : 100%

BENEFIT OF BROAD BANDING
SHAPE – I = Rs 53,376 - INCOME TAX DISBALED 20% = Rs 57,536 + (3,436 + DR) WAR INJURED AND DISCH = RS 57,536 + (6,871+DR) WAR INJURED WITH 20% = Rs 57,536 +(11,452+DR) GALLANTRY AWARD SM = Rs 53,376 + NO IT NOTE: TWO PPOs ARE ISSUED TO ALL DISABLED SOLDIERS NOTE: ADD EXTRA AS UNDER:- AGE IS 80 YEARS : 20 % AGE IS 85 YEARS : % AGE IS 90 YEARS : 40%; AGE IS 95 : 50% AGE IS 100 YEARS : 100%

SERVICE PENSION DISABILITY PENSION INVALID PENSION WAR INJURY PENSION
INVALID GRATUITY MIN SERVICE - 15 YEARS; FOR NCEs – 20 YEARS DISABILITY ATTRIBUTED /AGGRAVATED BY MILITARY SERVICE INVALIDED FROM SERVICE FOR DISABALITY :NA-NA SUFFERS INJURIES IN WAR OR WAR LIKE OPERATIONS SERVED FOR LESS THAN 10 YEARS AND DISABILITY : NA-NA AMOUNT 50 % OF LAST RECKONABLE EMOLU-MENTS DISABILITY ASSESSED BY MED BD; COULD BE FOR LIFE OR TEMP PERIOD OF 2 TO 5 YRS; MIN 20% DIS-ABILITY SERVICE MORE THAN 10 YEARS AND LESS THAN 15 YEARS NO MIN %AGE(UNLIKE 20% IN DISABILITY PENSION CASE). CAN GO UPTO 100% HALF MONTH’S PAY FOR EVERY SIX MONTHS OF SERVICE PUT IN

SERVICE PENSION DISABILITY PENSION INVALID PENSION WAR INJURY PENSION
FOR PRE-2006 PENSIONERS: SHOULD HOLD RANK & GP FOR MIN 10 MONTHS; FULL PENSION FOR 33 YRS INCL RANK WEIGHTAGE; FOR LESSER SERVICE PROPORTIONATE REDUCTION FOR POST -2006, 33 YRS RESTRICTION REMOVED CONSISTS OF : SERVICE ELEMENT & DISABILITY ELEMENT(DE); IF BOARDED OUT NO MINIMUM PERCENTAGE OF DISABILITY REQD FOR GRANT OF DE. IF RETAINED IN SERVICE & RELEASED MIN 20% REQD FOR SANCTION OF DE. INVALIDED CAN CLAIM BROAD BANDING 5O%, 75%, 100% SINCE NOT ELIGIBLE FOR DISABILITY BEING NA-NA, INVALID PENSION OF SERVICE ELEMENT FOR 10 YRS IS 50% OF LAST EMOLUMENTS DRAWN; MIN RS 3,500 +DR HE DOES NOT GET DISABILITY ELEMENT CONSISTS OF TWO ELEMENTS VIZ SERVICE ELLEMENT & WAR INJURY ELEMENT; BROAD BANDING PERMITTED;I.E. UPTO 50%, 75% AND 100% FOR BOARED OUTS;

SERVICE PENSION DISABILITY PENSION WAR INJURY PENSION RANK WEIGHTAGE SEP YRS NK YRS HAV – 8 YRS JCOs – 5 YRS INCOME TAX NOT EXEMPTED UNLESS YOU ARE A GALLANTRY AWARD WINNER FOR TEMP DISABILITY, PENSIONER TO REPORT TO MH FOR RSMB; DISABILITY %AGE COULD BE REDUCED, ENHANCED OR MADE FOR LIFE; IT EXEMPTED DR ALSO PAID BOTH FOR SERVICE ELEMENT AND DISABILITY ELEMENT; TWO PPOs ARE ISSUED DE FOR 100% DISABILITY :- 30% OF LAST EMOLUMENTS +DEARNESS RELIEF(DR) . BUT MINAMOUNTS ARE:- OR = RS 3,510 PM + DR JCO = RS 4,300 PM + DR OFFR=RS 5,880 PM + DR FOR THOSE RETAINED IN SERVICE AND SUBSEQUENTLY RELEASED WITH DISABILITY, WAR INJURY ELEMENT FOR 100% DISABILITY IS: OR = RS 7,020 PM; JCOs = RS 8,600 PM; OFFRS = RS 11,760 PM DEARNESS RELIEF IS ENTITLED FOR THIS INCOME TAX IS EXEMPTED

ONE RANK ONE PENSION (OROP)

ONE RANK ONE PENSION (OROP)
SAME PENSION TO SAME RANK WITH SAME NUMBER OF YEARS OF SERVICE IRRESPECTIVE OF DATE OF RETIREMENT ANY BENEFIT GIVEN TO SERVING PERSONNEL TO BE PASSED ON TO PAST PENSIONERS I.E. INCREMENTS

GOVT OF INDIA ANNOUNCED OROP ON 05 SEP 2015 AND NOTIFICATION ISSUED ON 07 NOV 2015.
PENSION EQUALISATION ONCE IN FIVE YEARS FIRST EQUALISATION WITH BASE YEAR AS CALENDAR YEAR 2013 PENSION WILL BE FIXED IN 2013 LEVELS TAKING AVEAGE OF MAX & MIN. THOSE DRAWING ABOVE AVERAGE PROTECTED

ARREARS WILL BE GIVEN W.E.F JUL 2014 IN FOUR HALF YEARLY INSTALLMENTS
SINGLE LADIES AND GALLANTRY AWARD WINNERS WILL BE GIVEN IN ONE GO THOSE OBTAINED PMR WILL GET OROP. BUT THOSE WHO OPT FOR PMR HENCEFORTH WILL NOT BE ELIGIBLE FOR OROP SINGLE MAN JUDICIAL COMMISSION TO IRON OUT ANOMALIES IF ANY TO SUBMIT REPORT WITHIN SIX MONTHS TOTAL BURDEN OF OROP FOR FIRST YEAR : RS 8,293 CRORES

AVERAGE OF MAX & MIN PROMOTIONS ACROSS ALL THREE SERVICES ARE NOT UNIFORM EVEN IN ARMY PROMOTIONS OF INF & ARMD CORPS OFFICERS FASTER THAN THEIR COURSE MATES SEEN FASTEST PROMOTIONS ARE IN NAVY THOSE WHO GET PROMOTIONS EARLIER GET HIGHER LAST DRAWN EMOLUMENTS DUE TO PAY SCALE AND HIGHER INCREMENTS THEY RETIRE WITH HIGHEST NO OF INCRMENTS

AVERAGE OF MAX & MIN IF LENGTH OF SERVICE ALONE IS COUNTED THEN IT INDICATES OFFICER WITH LESS SERVICE IN LAST RANK WITH LOWER LAST DRAWN EMOLUMENTS WILL GET SAME PENSION AS HIS COURSE MATE WHO SERVED FOR LONGER PERIOD IN THE LAST RANK THIS VIOLATES PRINCIPLE OF EQUAL PAY FOR EQUAL WORK OF HON’BLE SUPREME COURT THE SAME ARGUMENT HAS BEEN ACCPETED BY 7TH CPC. HIGHER IS INCREMENTS IN LAST RANK MORE PENSION

AVERAGE OF MAX & MIN MAXIMUM PENSION IN 2013 OF ANY RANK OF OFFICER ACROSS ALL THREE SERVICES IS TAKEN. SAY CAPT (IN) DREW PENSION OF RS IN THIS IS THE MAXIMUM SAY AN ARMY COL OF EME DREW PENSION OF RS IN 2013 FOR THE SAME LENGTH OF SERVICE AVERAGE = ( )/2 = ,500 THOUGH IT IS NOT OROP BUT BETTER THAN PRESENT RS 27,795

RANK PAY ARREARS

COMPARISON OF BASIC PAY AS ON 01 JAN 1986
ITEM CIVILIAN(EE) MAJOR BASIC PAY , ,700 DA ADDL DA – , ,117 ADHOC DA INTERIM RELIEF ADD 20% FITMENT ON BASIC PAY EMOLUMENTS , ,434 DEDUCT RANK PAY NIL (-) 600 BASIC PAY TO BE , ,834 FIXED SO2 (CIVILIAN) CAN FLY BY AIR; SO1(LT COL ) CAN NOT FLY

RANK PAY ARREARS 4TH CPC INSTITUTED RANK PAY TO GIVE AN EDGE TO DEFENCE SERVICES OFFICERS TO ATTRACT YOUTH TO JOIN ARMED FORCES. RANK PAY IS SEPARATE FROM BASIC PAY BUT IS TO BE ADDED FOR ALL PURPOSES SUCH AS DA, TA, PENSION, GRATUITY, LEAVE ENCASHMENT ETC. MAJ AK DHANAPALAN, ENGRS, FILED A WP IN HON’BLE HIGH COURT OF KERALA IN 1996 FOR DEDUCTING RANK PAY FROM EMOLUMENTS. SINGLE JUDGE UPHELD HIS CONTENTION UNION OF INDIA FILED AN APPEAL IN DIVISION BENCH OF HON’BLE KERAL HIGH COURT. APPEAL DISMISSED IN 2003

RANK PAY ARREARS MIN OF DEF FILED SLP IN HON’BLE SUPREME COURT IN THE SAME WAS DISMISSED DUE TO INORDINATE DELAY MIN OF DEF HAD TO IMPLEMENT THE ORDER AND PAID MAJ AK DHANAPALAN RS 28,031. HE SENT COPY OF THE JUDGMENT TO MANY OFFICERS KNOWN TO HIM. CONSEQUENTLY A NUMBER OF OFFICERS FILED WRIT PETETIONS IN VARIOUS HIGH COURTS FOR THE SAME RELIEF MIN OF DEF APPROACHED HON’BLE SUPEME COURT TO TRANSFER ALL SUCH APPEALS TO SUPREME COURT IN 2007

RANK PAY ARREARS HON’BLE SUPREME COURT DISMISSED APPEAL OF MIN OF DEF IN MAR 2010 MIN OF DEF FILED AN INTERLOCUTORY PETETION IN 2010 WHICH WAS FINALLY DISMISSED BY THREE JUDGE BENCH IN SEP 2012 AND INSTRUCTED MIN OF DEF TO REFIX BASIC PAY WITHOUT DEDUCTING RANK PAY FROM TOTAL EMOLUMNETS AS ON 01 JAN 1986 AND PAY 6% ONLY FROM 01 JAN 2006

MANY MISTAKES COMMITTED BY PCDA(O) PUNE IN REMITTANCE OF RANK PAY ARREARS
BRIG SHOWN AS LT COL TILL HIS DATE OF RETIREMENT DA NOT CORRECTLY CALCULATED PROMOTIONS NOT SHOWN ON DATE OF ACTUAL PROMOTION RANK PAY NOT GRANTED TO ACTING PROMOTIONS THOUGH THEY COMPLETED THEIR MINIMUM SERVICE TO GET ACTING RANK SAY 20 YEARS FOR COL AND 23 YEARS FOR BRIG SHOWING MORE PAY PAID WHILE IN SERVICE IN BEFORE REVISION PART OF DUE & DRAWN STATEMENT STAGNATION INCREMENT NOT GIVEN WHEN DUE COL(SG) SHOWN AS LT COL (TS) INCREMENT NOT PAID ON DUE DATE OF INCREMENT FIXING OF BASIC PAY ON JAN 1986 AND JAN 1996 NOT CORRECTLY DONE PAY ON JAN 1986 IN BEFORE REVISION SHOWN ON HIGHER SIDE THEREBY RANK PAY ARREARS BECOMING VERY SMALL

OTHER TYPES OF PENSONS AUTHORISED TO AREMD FORCES PERSONNEL

DISABILITY PENSION

HON’BLE MR JUSTICE HL DATTU HON’BLE MR JUSTICE JS KHEHAR
OBSERVATION OF HON’BLE SUPREMECOURT ON THE ATTITUDE OF MINISTRY OF DEFENCE TOWARDS DISBALED SOLDIERS HON’BLE MR JUSTICE HL DATTU HON’BLE MR JUSTICE JS KHEHAR “You can’t distinguish personnel with disability on the basis of cut-off date. Either give it to all or refuse it to all. After introducing disability pension, you can’t deny it to some people,”.

DISABILITY PENSION SOLDIERING IS A HAZARDOUS PROFESSION
OCCURANCE OF DISABILITIES IS NOT VERY UNCOMMON DISABILITIES OCCUR:- WHEN PERFORMING MILITARY DUTIES WHEN NOT PERFORMING MILITARY DUTIES DISABILITIES VARY FROM TRIVIAL INJURY TO DEATH DISABILITIES NEED TO BE COMPENSATED FAIRLY AND ADEQUATELY. COMPENSATION DEPENDS UPON SEVERITY OF DISABILITY

WHEN IS DISABALITY PENSION SACNTIONED?
DISABILITY OCCURS DUE TO :- INJURIES WHILE PERFORMING MILITRARY DUTIES (ORGANISED GAMES, VEH ACCIDENTS, FALLING INTO CREVISE ETC) DISEASE CONTRACTED DURING COURSE OF MILITARY DUTIES (ASHTHMA, CEREBRAL MALARIA, GASTRO-ENTERITIS ILLNESS , CANCER OF VARIOUS TYPES ETC)

DISABLED SOLDIERS COULD BE:
RETAINED IN SERVICE BY GIVING SHELTERED APPOINTMENTS COULD BE BOARDED OUT OR INVALIDED IF THEY ARE DOWNGRADED TO LOWEST MEDICAL CATEGORY DISABLED SOLDIERS CAN SUPERANNUATE DISABLED SOLDIERS CAN SEEK PREMATURE RETIREMENT HON’BLE SUPREME COURT RULED THAT ALL DISABILITIES TO BE TREATED AS IF ATTRIBUTED OR AGGRAVATED BY MIL DUTIES

BROAD BANDING (50%, 75%, 100%) IS GIVEN ONLY TO INVALIDED CASES ONLY
LIKELY TO BE GIVEN TO SUPERANNAUTED & PREMATURELY RETIRED DISABLED SOLDIERS ALSO

TYPES OF DISABILITIES SUSTAINED WHILE ON DUTY(ATTRIBUTED TO &
AGGRAVATED BY MILITARY SERVICE) SUSTAINED WHILE NOT ON DUTY(IF NOT DETECTED AT THE TIME OF RECRUITMENT) (NOT ATTRIBUTABLE OR NOR AGGRAVATED BY MILITARY SERVICE – NA-NA) SCHIZOPHRENIA SPLIT PERSONALITY MENTAL DISORDERS OF VARIOUS TYPES EPILEPSY INJURIES SUSTAINED WHILE ON LEAVE INJURIES SUSTAINED WHILE NOT ON DUTY

PRIORITY & QUANTUM OF DISABILITY PENSIONS
PRIORITY SERIVCE PENSION FAMILY PENSION I WAR INJURY LIBERALISED ELEMENT FAMILY PENSION II DISABILITY SPECIAL FAMILY ELEMENT ON PENSION MILITARY DUTY III DISABILITY ELEMENT ORDINARY FAMILY NOT ON MILITARY DUTY PENSION

DISABILITY PENSION GRANTED TO THOSE WHO SUFFERED DISABILTY ATTRIBUTABLE TO OR AGGRAATED BY MILITARY SERVICE TO THOSE WHO ARE EITHER RETAINED IN SERVICE OR BOARDED OUT ON MEDICAL GROUNDS FOR HAVING REACHED LOWEST MEDICAL CATEGORY TO BE ELIGIBLE FOR DISABILITY PENSION TWO CONDITIONS HAVE TO BE MET:- CONDITION 1. DISABILITY DUE TO MILITARY SERVICE CONDITION 2. MINIMUM PERCENTAGE OF DISABILITY = 20% DISABILITY HAS TWO COMPONENTS SERVICE ELEMENT RETIRING PENSION DISABILITY ELEMENT - ASSESSED BY MED BD.

DISABILITY PENSION AMOUNT. FOR 100% DISABILITY, DISABILITY ELEMENT IS 30% OF LAST RECKONABLE EMOLUMENTS (PAY + GP + MSP + NPA) SUBJECT TO MINIMUM OF Rs 3,510 DEARNESS RELIEF(DR) IS ADDED TO SERVICE AND DISABILITY ELEMENT ON RETIREMENT SEPARATELY THOSE WHO ARE INVALIDED, WILL GET BENEFIT OF BROAD BANDING i.e 1-50 = 50%, = 75%, >75 = 100% THE MAXIMUM CEILING FOR DISABLED PERSONNEL BOARDED OUT HAS BEEN REMOVED w.e.f 01 JUL THE SERVICE ELEMENT AND DISABILITY ELEMENT CAN BE MORE THAN LAST RECKONABLE EMOLUMENTS.

DISABILITY PENSION FOR LESSER DISABILITY PERCENTAGES, THE DISABILITY ELEMENT IS PROPORTIONATELY REDUCED SEPARATE PPOs ARE ISSUED BY PCDA(PENSIONS) FOR SERVICE ELEMENT AND DISABILITY ELEMENT INCOME TAX IS EXEMPTED ON ENTIRE DISABILITY PENSION i.e. SERVICE PENSION & DISABILITY ELEMENT (GEN DEEPAK KAPOOR)

WHAT IS ATTRIBUTABLE TO OR AGGRAVATED BY MILITARY SERVICE?

ATTRIBUTABLE TO MILITARY SERVICE OR NOT
In Halsbury's Laws of England, Fourth Edition, Re-issue 2(2), 2003 Edition, in para 278, the meaning to the expression 'attributable to service' has been brought out as: "On the issue of whether an injury is attributable to service, two questions must be answered: first, when did the injury occur?; secondly, what were the causes of its occurrence? If it existed before service, it cannot be attributable to service, but may be aggravated by it.

THE CRITERION IS : THE SOLDIER SHOULD NOT HAVE DONE AN ACT DURING CASUAL LEAVE WHICH HE OTHERWISE WOULD NOT BE DOING IN MILITARY SERVICE I.E. AGRICULTURE ACTIVITY ON CASUAL LEAVE OR ENTERING INTO BRAWL IN A PUB WHILE ON CASUAL LEAVE ARE NOT PERMITTED. CLEANING OF PRIVATE WEAPON IN CASUAL LEAVE EVEN IF THIS ACT IS DONE NEGLIGENTLY. THIS ACTIVITY IS SIMILAR TO WHAT SOLDIER WOULD HAVE DONE HAD BEEN ON DUTY IN HIS UNIT. HENCE ATTRIBUTABLE TO MILITARY SERVICE.

If it occurred during service and if service was one of the causes of its occurrence then it is attributable to service; but if service was not a cause of its occurrence, it cannot be attributable to service, although it may be aggravated by service. For the injury to be attributable to service, the service must be a cause of the injury, as distinct from being merely a part of the circumstances in or on which the cause operates. However, if the injury does not arise during service and service is one of its causes, the injury is attributable to service, notwithstanding that other causes also exist, co-operating with service to produce the injury."

FAMOUS JUDGMENTS OF HON’BLE SUPREME COURT

HON’BLE SUPREME COURT JUDGMENTS ON DISABILITY PENSION
MADAN SINGH SHEKHAWAT Vs UNION OF INDIA; (1999) 6, SCC, 459 HON’BLE MR JUSTICE SP BHARUCHA HON’BLE MR JUSTICE S SANTOSH HEGDE SOLDIER ON CASUAL LEAVE ARE ALSO ON MILITARY DUTY AND INJURIES SUSTAINED ARE ATTRIBUTED TO MILITARY SERVICE AND IS ELIGIBLE FOR DISABILITY ELEMENT OF PENSION IF HE WAS ON MILITARY DUTY IN THAT YEAR PRIOR TO PROCEEDING ON CASUAL LEAVE THE SOLDIER MET WITH AN ACCIDENT WHILE HE WAS DETRAINING IN RAILWAY STATION AT HIS HOME TOWN WHILE ON CASUAL LEAVE AND INJURY SUSTAINED : AMPUTATION OF HIS HAND BELOW ELBOW

LT COL PK KAPUR VS UNION OF INDIA
APPEAL (CIVIL) NO 4356 OF 2006 IN THE BENCH OF HON’BLE DR JUSTICE ARIJIT PASAYAT HON’BLE MR JUSTICE SH KAPADIA LT COL PK KAPUR SUSTAINED INJURY TO LEFT SHOULDER IN 1965 INDO PAK WAR IN J & K SECTOR DUE TO ENEMY ARTY SHELLING MEDICAL BOARD ASSESSED DISABILITY AT 30% AT THE TIME OF HIS SUPER ANNUATION IN NOV 1989 DENIED BROAD BANDING OF WAR INJURY ELEMENT GIVEN TO POST 1996 RETIREES VIOLATING ART 14 OF CONSTITUTION GRANTED BROAD BANDING BY HON’BLE SUPREME COURT

HON’BLE SUPREME COURT JUDGMENT ON EPILEPSY OF SOLDIER: ELIGIBLE FOR DISABILITY PENSION
EX-SIGMN DHARAM VIR SINGH Vs UNIN OF INDIA: CASE NO: CIVIL APPEAL NO 4949 OF 2013 ARISING OUT OF SLP( C) 6940 OF 2010 HON’BLE MR JUSTICE AK PATNAIK HON’BLE MR JUSTICE SUDHANSU JYOTI MUKHOPADHAYA In absence of any evidence on record to show that the appellant was suffering from "Genrealised seizure (Epilepsy)" at the time of acceptance of his service, it will be presumed that the appellant was in sound physical and mental condition at the time of entering the service and deterioration in his health has taken place due to service.

DISABILITY PENSIOIN SOLDIERS WITH DISABILITY COULD BE BOARDED OUT IF THEIR DISABILTY AFFECTS PERFORMANCE OF MILITARY DUTIES AS ASSESSED BY MEDICAL BOARD SUCH DISABLED AND INVALIDED SOLDIERS ARE SANCTIONED SERVICE ELEMENT AND DISABILITY ELEMENT WITH A CEILING THAT THEY SHOULD NOT EXCEED LAST EMOLUMENTS DRAWN THIS RESTRICTION HAS BEEN REMOVED w.e.f. 01 JUL 2009 AND SUCH SOLDIERS CAN DRAW THEIR PENSION WHICH MAY BE MORE THAN THEIR LAST EMOLUMENTS DRAWN BUT SUCH AFFECTED PERSONS HAVE TO APPLY TO REMOVE THIS CEILING THROUGH THEIR BANKS(PDA) TO PCDA(PENSIONS) ALLAHABAD (PSA) BROAD BANDING IS PERMITTED. THEORITICALLY EVEN 1% DISABILITY WILL GET MINIMUM 50% DISABILITY ELEMENT. BUT SUCH PERSONNEL ARE NOT GENERALLY BOARDED OUT

LIBERALISED DISABILITY PENSION
DISABILITY SUSTAINED DURING:- ACTS OF VIOLENCE ACTS BY TERRORISTS ACTS BY ANTI SOCIAL ELEMENTS BOMB BLASTS IN PUBLIC PLACES OR TRANSPORT INDISCRIMINATE SHOOTING INCIDENTS IN PUBLIC IN AID TO CIVIL AUTHORITY ACTS IN CONNECTION WITH NATURAL CALAMITIES QUANUTM OF PENSION: SERVICE AND DISABILITY ELEMENT SHOULD NOT BE LESS THAN 80% OF LAST RECKONABLE EMOLUMENTS BROAD BANDING OF DISABILITY IS PERMITTED (< 50% = 50%; 50 – 75 = 75%; = 100%)

INVALID PENSION

NOT SAME AS DISBALITY PENSION
INVALID PENSION NOT SAME AS DISBALITY PENSION TYPE OF INVALIDMENT INVALIDMENT NOT ATTRIBUTED OR NOR AGGRAVATED BY MILITARY SERVICE (NA-NA) GRANTED TO THOSE WHO ARE MEDICALLY BOARDED OUT OF SERVICE DUE TO DISABILITY NOT ATTRIBUTED OR AGGRAVATED BY MILITARY SERVICE (NA-NA) WITH SERVICE ELEMENT IF SERVICE IS 10 OR MORE YEARS AS COMPENSATION SINCE THEIR EMPLOYMENT IS CUT SHORT. THOSE WITH LESS THAN 10 YEARS SERVICE AND ARE BOARDED OUT DUE TO INJURY SUSTAINED NOT DUE TO MILITARY SERVICE OR NOR AGGRAVATED BY MILITARY SERVICE (NA-NA) ARE NOT GIVEN SERVICE ELEMENT BUT ARE SANCTIONED INVALID GRATUITY.

INVALID PENSION GENERALLY WITH DISABILITY ABOVE 50% DEPENDING UPON THE OPINION OF THE MEDICAL BOARD SUCH PERSONNEL ARE ONLY BOARDED OUT OF SERVICE. RESTRICTION OF MINIMUM 20% IS NOT APPLICABLE FOR SANCTION OF INVALID PENSION BROAD BANDING FOR THOSE BOARDED OUT PERSONNEL IS w.e.f 01 JAN AS UNDER DUE TO HON’BLE SUPREME COURT:- 01 – 49% - 50% OF DISBAILITY ELEMENT % - 75% 76 – 100% % FOR PRE JAN 1996 INVALIDED PERSONNEL, BROAD BANDING IS PERMITTED w.e.f. 01 JUL 2009 BUT LIKELY TO BE MADE w.e.f. 01 JAN 1996 AS IT IS MADE APPLICABLE TO CIVILIAN EMPLOYEES

CATP KJS BUTTAR Vs UNION OF INDIA IN CIVIL APPEAL NO : 5591 OF 2006 IN HON’BLE SUPREME COURT
HON’BLE MR JUSTICE B. SUDERSHAN REDDY HON’BLE MR JUSTICE SURINDER SINGH NIJJAR HON’BLE MR JUSTICE MARKANDEY KATJU, AUTHOR HON’BLE MRS JUSTICE GYAN SUDHA MISHRA, SIGNED JUDGMENT ON 31 MAR 2011 SALIENT FEATURES OF JUDGMENT BROAD BANDING OF DISABILITY ELEMENT WILL APPLY TO ALL CASES IRRESPECTIVE DATE OF INVALIDMENT FROM SERVICE SERVICE ELEMENT OF PENSION TO BE GIVEN IRRESPECTIVE OF NUMBER OF YEARS OF SERVICE ASSUMING HE WOULD HAVE SUPER ANNUATED IN THE RANK IN WHICH HE SUFFERED DISABILITY

WAR INJURY PENSION

WAR INJURY PENSION GRANTED TO THOSE WHO SUFFER DISABILITY IN WAR OR WAR LIKE OPERATIONS OR AGAINST TERRORISTS, ANTI SOCIAL ELEMENTS, EXTREMISTS OR IN BATTLE INNOCULATION. IF INVALIDATED OUT OF SERVICE SERVICE ELEMENT. NO MINIMUM SERVICE IS REQUIRED. ASSUMED TO HAVE SERVED IN THE RANK AT THE TIME OF DISABILITY AND GRANTED SERVICE ELEMENT. i.e. IF A CAPT SUFFERS DISABILITY AND IS BOARDED OUT, THEN HE IS ASSUMED TO HAVE SERVED AS CAPT TILL HE RETIRES AT THE AGE FOR CAPT i.e. 52 YEARS. WAR INJURY ELEMENT. MINIMUM 20% OF DISABILITY IS REQUIRED FOR GRANT OF WAR INJURY ELEMENT( SIMILAR TO DISABILITY ELEMENT).

WAR INJURY PENSION FOR 100% DISABILITY, 100% EMOLUMENT (LAST PAY DRAWN) IF INVALIDATED OUT OF SERVICE. IF PERSON IS RETAINED IN SERVICE, FOR 100% DISABILITY, HE ON RETIREMENT CAN DRAW 60% OF LAST PAY DRAWN WITH MINIMUM OF RS 7,020 PM SUBJECT TO THE CEILING THAT SERVICE ELEMENT AND WAR INJURY ELEMENT SHOULD NOT BE MORE THAN LAST PAY DRAWN. (THIS CEILING IS REMOVED w.ef. 01 JUL 2009). FROM 01 JUL 2009, ALL INVALIDED SOLDIERS CAN DRAW SERVICE ELEMENT AND WAR INJURY ELEMENT WHICH MAY BE MORE THAN THE LAST EMOLUMENTS DRAWN. BUT SUCH PERSONNEL HAVE TO APPLY THROUGH BANKS(PDA) TO PCDA(PENSIONS), ALLAHABAD i.e. PSA

WAR INJURY ELEEMENT FOR LESSER DISABILITY, WAR INJURY ELEMENT IS PROPORTIONATELY REDUCEDE PERSONNEL CAN OPT TO CONTINUE IN SERVICE IF MEDICAL BOARD APPROVES. BUT THEY WILL GET WAR INJURY ELEMENT ONLY AFTER RETIREMENT OR THEY CAN FOREGO WAR INJURY ELEMENT AFTER RETIREMENT AND DRAW LUMP SUM AMOUNT WHILE IN SERVICE

SUMMARY OF DISABILITY ELEMENT FOR 100% DISABILITY EVEN FOR PRE - 2006 RETIREES
NORMAL DISABILITY % OF RECKONBALE EMOLUMENTS FOR 100% DISABILITY WAR INJURY ELEMENT - 60% OF RECKONABLE AND RETAINED IN SERVICE EMOLUMENTS WAR INJURY ELEMENT % OF RECKONABLE AND INVALIDED OUT EMOLUMENTS OF SERVICE INCOME TAX EXEMPTED ON SERVICE AND DISABILITY ELEMENTS

SUMMARY OF DISABILITIES
EX-GRATIA. ALL THOSE PERSONNEL BOARDED OUT DUE TO DISABILITY ARE PAID EX-GRATIA OF RS 9 LAKHS FOR 100% DISABILITY. FOR LESSER PERCENTAGES, REDUCTION ON PROPORTIONATE BASIS ONLY, IF IT IS ABOVE 20% AND WITHOUT BROAD BANDING. LIBERALIZED DISABILITY PENSION. THOSE WHO SUFFER DISABILITY DUE TO ACTS OF TERRORISTS, ANTI SOCIAL ELEMENTS ETC SHALL BE PAID DISABILITY ELEMENT ON DISCHARGE /INVALIDMENT, WITHOUT ANY MINIMUM SERVICE. SERVICE AND DISABILITY ELEMENT SHOULD NOT BE LESS THAN 80% OF RECKONABLE EMOLUMENTS LAST DRAWN.

SUMMARY OF COMPENSATION FOR VARIOUS TYPE OF DISABILITIES
TYPE OF DISABILITY PERCENTAGE OF LAST RECKONABLE EMOLUMENTS FOR 100% DISABILITY NORMAL DISABILITY ELEMENT 30% WAR INJURY AND RETAINED IN SERVICE 60% WAR INJURY AND INVALIDED FROM SERVICE 100%

COMPARISON OF VARIOUS DISABILITY PENSIONS
ATTRIBUTALE TO MILITARY SERVICE NOT ATTIRBUTABLE NOR AGGRAVATED BY MILITARY SERVICE (NA-NA) DISABILITY PENSION MINIMUM 20% DISABILITY IS REQUIRED FOR SANCTION. BOARDED OUT PERSONNEL ELIGIBLE FOR BROAD BANDING AND NO MAXIMUM CEILING IS APPLICABLE. NO MINIMUM SERVICE IS REQUIRED FOR SERVICE ELEMENT DISABILITY PENSION IS NOT SANCTIONED DISABILITY PENSION SANCTIONED. COULD BE RETAINED IN SERVICE OR COULD BE MEDICALLY BOARDED OUT.

ATTRIBUTALE TO MILITARY SERVICE NOT ATTIRBUTABLE NOR AGGRAVATED BY MILITARY SERVICE (NA-NA) DISABILITY PENSION LESS THAN 20 YEARS SERVICE IS NO BAR FOR SERVICE ELEMENT. NO PRO RATA REDUCTION FOR FULL PENSION SOLDIERS WHO ARE BOARDED OUT ARE GENERALLY WITH DISABILITY OF MORE THAN 50% NOT APPLICABLE INVALID PENSION. DISABILITY DUE TO MILITARY SERVICE DOES NOT COME UNDER INVALID PENSION INVALID PENSION IS GIVEN IF SOLDIER HAS MORE THAN 10 YEARS SERVICE. IF HE HAS LESS THAN 10 YEARS SERVICE, ONLY INVALID GRATUITY IS SANCTIONED.

ATTRIBUTALE TO MILITARY SERVICE NOT ATTIRBUTABLE NOR AGGRAVATED BY MILITARY SERVICE (NA-NA) INVALID PENSION NOT APPLICABLE NO RESTRICTION OF MINIMUM 20% DISABILITY. BROAD BANDING IS GIVEN DUE TO CUTTING SHORT OF HIS CAREER WAR INJURY PENSION COULD BE RETAINED IN SERVICE (LT GEN VIJAY OBEROI, MAJ GEN IAN CORDOZO OR BOARDED OUT MEDICALLY DEPENDING UPON THE DEGREE OF DISABILITY

ATTRIBUTALE TO MILITARY SERVICE NOT ATTIRBUTABLE NOR AGGRAVATED BY MILITARY SERVICE (NA-NA) WAR INJURY PENSION WHETHER RETAINED IN SERVICE OR BOARDED OUT, SERVICE ELEMENT IS SAME I.E. 50% OF LAST RECKONABLE EMOLUMENTS NO MINIMUM SERVICE IS REQUIRED TO EARN SERVICE ELEMENT FOR INVALIDED CASES FOR 100% DISABILITY WILL GET 100% LAST RECKONABLE EMOLUMENTS AS WAR INJURY ELEMENT NOT APPLICABLE

ATTRIBUTALE TO MILITARY SERVICE NOT ATTIRBUTABLE NOR AGGRAVATED BY MILITARY SERVICE (NA-NA) WAR INJURY PENSION THOSE RETAINED IN SERVICE, WAR INJURY 60% RECKONABLE EMOLUMENTS ARE GIVEN FOR 100% DISABILITY SUBJECT TO MINIMUM AMOUNT OF RS 7,020 AT THE TIME OF RETIREMENT (FLG OFFR HM SINGH OF IAF WHO GOT SPINAL CHORD INJURY DURING CADET TRAINING BUT GIVEN COMMISSION IN ACCOUNTS BRANCH). NOT APPLICABLE

ATTRIBUTALE TO MILITARY SERVICE NOT ATTIRBUTABLE NOR AGGRAVATED BY MILITARY SERVICE (NA-NA) WAR INJURY PENSION FOR LESSER DISABILITY THAN 100%, PRO RATA REDUCTION IS CARRIED OUT CONSTANT ATTENDANT ALLOWANCE FOR 100% DISABLED ARE RS 3000 PM. IF DA INCREASES BY 50%, THEN 25% RAISE IS GIVEN NOT APPLICABLE

MAJs WITH 21 YEARS SERVICE TO BE GRANTED PAY & PENSION OF LT COL WITH RANK PAY OF MAJ

PENSION OF SUBSTANTIVE MAJOR WITH 21 YEARS OF COMMISSIONED SERVICE
SUBSTANTIVE MAJORS BEFORE 01 JAN 1996 WITH 21 YEARS OF COMMISSIONED SERVICE. AS A ONE TIME MEASURE THEY WILL BE GRANTED PAY AND PENSION OF LT COL IN THEIR 22ND YEAR OF SERVICE WITH RANK PAY OF MAJOR ONLY. SUCH OFFICERS ARE ELIGIBLE FOR CORRIGENDUM PPOs FROM PENSION SANCTIONING AUTHORITIES. SUCH OFFICERS TO APPLY TO PSA(PCDAs) THROUGH PENSION DISBURSING AGENCIES (BANKS, DPDOs, TREASURIES) & PCDA(O), PUNE SUBSTANTIVE MAJORS ON OR AFTER 01 JAN WITH 21 YEAR COMMISSIONED SERVICE THOSE WHO STAGNATE FOR ONE YEAR ARE ELIGIBLE TO DRAW PAY SCALE OF LT COL BUT DRAW RANK PAY OF MAJOR ONLY. ACCORDINLY THEIR PENSION IS ALSO FIXED

MAJ KG THOMAS WON HIS CASE IN PRINCIPAL BENCH OF AFT, NEW DELHI.
MIN OF DEF DID NOT CONTEST THAT JUDGMENT IN HON’BLE HIGH COURT & SUPREME COURT MAJ KG THOMAS WAS PAID ALL HIS ARREARS SIMILARLY PLACED OFFIERS ARE DENIED THIS BENEFIT OF JUDGMENT OF AFT, NEW DELHI MIN OF DEF CATEGORICALLY STATED THAT THOSE WHO GET JUDGMENTS IN THEIR FAVOUR WILL GET BENEFIT AND NOT OTHERWISE MIN OF DEF WHO IS SUPPOSED TO LOOK AFTER ARMED FORCES VETERANS ARE HELPING ONLY ADVOCTES TO EARN LITTLE MORE MONEY AND KEEP AFTs BUSY FOR PAYING THEM HUGE SALARIES

33 YEAR RULE FOR FIXATION OF PENSION SEPOY WITH 15 YEARS SERVICE = 4,600 x (15+12 RANK WEIGHTAGE )/33 = 3,763 +DR

RESTRICTIOIN OF 33 YEARS FOR FIXATION OF PENSION REMOVED BY HON’BLE SURPEME COURT FOR ALL PRE PENSIONERS THANKS TO SHRI M.O INASU, AN EX-SERVICEMEN WHO FILED THE CASE IN CAT, ERNAKULAM AND FINALLY WON IT IN HON’BLE SUPREME COURT

BEFEFICIARIES SEPOYS TO HAVILDARS WHO CAN NOT SERVE FOR 33 YEARS INCLUDING RANK WEIGHTAGE ALL JCOs WHO SOUGHT PRE - MATURE RETIREMENT ALL OFFICERS WHO SOUGHT PRE - MATURE RETIREMENT

CORR PPO FOR DATE OF BIRTH OF SPOUSE TO BE OBTAINED FROM PCDA(PENSION) ALLHABAD

ACTION BY PENSIONER FOR BENEFIT OF SPOUSE
JOINT PENSION ACCOUNT IN BANK DATE OF BIRTH OF SPOUSE IN THE PRESCRIBED FORM FOR ISSUE OF CORR PPO MAKE 4 COPIES OF APPLICATION FORM ENCLOSE DOCUMENT FOR DATE OF BRITH OF YOUR SPOUSE LIKE BIRTH CERTIFICATE, MATRIC CERTIFICATE, DRIVING LICENSE, ECHS CARD, PASS PORT, DO PART II IN CASE SHE IS FROM DEFENCE BACK GROUND TAKE FOUR COPIES, GO TO YOUR BANK. ASK THEM TO FILL UP THEIR PORTION

TAKE BACK THREE COPIES FROM THEM.
RETAIN ONE COPY WITH YOU FOR YOUR RECORDS. SEND TWO COPIES TO DIRECTOR MP5/6 WHO WILL ENDORSE HIS REMARKS AND SENDS YOUR DOCUMENTS TO PCDA(PENSIONS) ALLAHABAD PCDA(PENSIONS) ALLAHABAD SENDS CORR PPO GIVING DATE OF BIRTH OF SPOUSE TO :- YOU PCDA(O) PUNE AGs BRANCH(MP – 5/6) CPPC OF YOUR BANK & YOUR BANK

HOME ADDRESS TO BE INTIMATED TO PCDA(PENSIONS) ALLAHABAD TO GET CORR PPOs

ADDRESS TO BE SENT TO PCDA(PENSIONS) ALLAHABAD
PL GO TO WEB SITE OF PCAD(PENSIONS) ALLAHABAD. CLICK ON THE REQUIRED PAGE TO ENTER YOUR ADDRESS FILL UP ALL FIELDS ON - LINE CLICK SUBMIT BUTTON YOU WILL RECEIVE ACKNOWLEDGMENT GIVING WHTEVER YOU FILLED UP. TAKE A PRINT OUT. ENSURE YOU GIVE YOUR MOBILE NO, ID AND POSTAL ADDRESS CORRECTLY

EXCESS PAYMENT NOT RECOVERABALE

CASE NO.: Transfer Case (civil) 72 of 2004 PETITIONER:Col. (Retd.) B.J. Akkara RESPONDENT:The Govt. of India & Ors. DATE OF JUDGMENT: 10/10/2006 BENCH: G. P. Mathur & R. V. Raveendran 25. The last question to be considered is whether relief should be granted against the recovery of the excess payments made on account of the wrong interpretation /understanding of the circular dated This Court has consistently granted relief against recovery of excess wrong payment of emoluments/allowances from an employee, if the following conditions are fulfilled

[Vide Sahib Ram vs. State of Haryana [1995 Suppl
[Vide Sahib Ram vs. State of Haryana [1995 Suppl.1 SCC 18], Shyam Babu Verma vs. Union of India [1994 (2) SCC 521], Union of India vs. M. Bhaskar [1996 (4) SCC 416], and V. Gangaram vs. Regional Joint Director [AIR 1997 SC 2776] : a) The excess payment was not made on account of any misrepresentation or fraud on the part of the employee. interpretation of rule/order, which is subsequently found to be erroneous b) Such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous.

ACTION IN CASE OF RECOVER OF EXCESS PAYMENT
IT IS YOUR MORAL RESPONSIBILITY TO SEE THAT YOU GET CORRECT PENSION IN CASE YOU GET EXCESS PENSION AND LATER IT IS DETECTED, BANKS ARE AUTHORISED BY RBI AND MIN OF DEF TO DEDUCT EXECSS AMOUNT IN INSTALMENTS EACH NOT EXCEEDING ONE THIRD OF EXCESS AMOUNT YOU CAN SUBMIT COPIES OF FOUR TO FIVE JUDGMENTS OF HON’BLE SUPREME COURT NOT TO RECOVER EXCESS PENSION. BUT IT WILL LEAD TO LOT OF LEGAL COMPLICATIONS. CHOICE IS YOURS

WHERE TO GO FOR RECTIFICATION OF PENSION DISCREPANCY ?

WHERE TO GO FOR RECTIFICATION OF PENSION DISCREPANCY ?
PENSION DISBURSING AGENCY (BANKS, DPDO, TREASURY) CENTRAL PENSION PROCESSING CENTRE OF BANKS DEFENCE PENSION ADALAT WHEN HELD ANY WHERE IN INDIA ARMED FORCES TRIBUNAL (AFT) CHENNAI HON’BLE HIGH COURT & HON’BLE SUPREME COURT

DYNAMIC ASSURED CAREER PROGRESSION FOR MEDICOS (DACP)

DYNAMIC ASSURED CAREER PROGRESSION FOR MEDICOS
TO RETAIN DOCTORS 6TH CPC RECOMMENDED FOUR TIME SCALE PROMOTIONS TO GOVT DOCTORS GOVT OF INDIA APPROVED AND IMPLEMENTED IT FROM 29 OCT 2008 COSC COMMITTEE DID NOT APPROVE AS IT UPSETS COMD & CONTROL PROBLEM DOCTORS IN ASSAM RIF ETC GET DACP AFT RULED IN FAVOUR OF ARMED FORCES DOCTORS GOVT OF INDIA APPEALED IN HON’BLE SUPREME COURT AGAINST VERDICT OF AFT

NON FUNCTIONAL FINANCIAL UPGRADATION(NFFU)

NON FUNCTIONAL FINANCIAL UPGRADATION(NFFU)
6TH CENTRAL PAY COMMISSION ON REQUEST OF ALL GROUP ‘A’ SERVICES (IAS, IFS, IPS, IRS ETC) RECOMMENDED NFFU TO OVERCOME SO CALLED STEEP STAGNATION FOR IAS STAGNATION MEANS 100% IAS OFFICERS BECOMES JT SECY (MAJ GEN) ONLY AT 19 YEARS SERVICE (WHERE AS ONLY 0.8% OFFICERS BECOME MAJ GEN AT 30 YEARS SERVICE) GETTING PROMOTION AS JT SECY AT 19 YEARS SERVICE IS UNBEARABLE AND IS REQUIRED TO BE OVER COME BY NFFU IF IAS OFFICER OF A BATCH BECOMES A JOINT SECY

ALL HIS BATCH MATES JUNIOR TO HIM IN THE RANK OF DIRECTOR(COL) ALSO WILL DRAW PAY OF JOINT SECRETARY THOUGH PERFORMING DUTIES OF DIRECTOR IF SUCH OFFICERS RETIRE WITHOUT PROMOTION THEN THEIR PENSION WILL THAT OF JOINT SECY. ALL IAS OFFICERS WILL DRAW PAY OF ADDL SECY (LT GEN) IF THEY PUT IN 32 YEARS SERVICE ARMED FORCES OFFICERS ARE NOT GROUP ‘A’ OFFICER S BUT ONLY COMMISSIONED OFFICERS. HENCE THEY ARE NOT ELIGIBLE TO GET NFFU OTHER GROUP ‘A’ OFFICERS LIKE IPS, BRO, MES, ORD FACTORIES, MIL ESTATES, CDAs ETC WILL GET NFFU ONLY AFTER TWO YEARS I.E. JOINT SECY AT 19 YEARS SERVICE

MISCEELANEOUS ISSUES BANKS NOT PAYING CORRECT AMOUNT OF PENSION
PENSIONER NOT HAVING JOINT ACCOUNT WITH WIFE NAME OF WIFE IS DIFFERENT IN PPO NON SUBMISSION OF LIFE CERTIFICATE TO PDA EVERY NOVEMBER. JEEVAN PRAMAAN HELPS YOU NOT TO GO TO BANK MISPLACEMENT OR LOSS OF PPO BY BANKS MISPLACEMENT OR LOSS OF IMPORTANT DOCUMENTS BY PENSIONER WIDOW IN REMOTE VILLAGE NOT KNOWING WHERE TO GO TO RESOLVE HER PENSION PROBLEM NON COMMENCEMENT OF PENSION TO WIDOW ON DEATH OF HUSBAND THOUGH HER NAME FIGURES IN THE PPO AND HAS JOINT ACCOUNT WITH HER LATE HUSBAND WHILE HE WAS ALIVE DISPUTES BETWEEN WIDOW AND CHILDREN ON DIVISION OF PROPERTY IN THE ABSENCE OF WILL

INFORMATION FOR LADIES OF DECEASED OFFICERS

PENSION ON DEMISE OF SERVING SOLDIER OR PENSIONER

EXAMPLE OF VARIOUS TYPES OF FAMILY PENSION TO WIVES OF DECEASED OFFICERS IN VARIOUS CONTINGENCIES LADY IS ENTITLED FOR 100% OF PENSION DRAWN BY HER DECEASED HUSBAND WHILE HE WAS ALIVE 7 YEARS FROM DATE OF DEMISE OR 67 YEARS OF AGE WHICHEVER IS EARILER THEREAFTER SHE WILL GET ONLY 60% O HER HUSBAND’S PENSION

RANK : COLONEL SERVICE : 33 YEARS DATE OF RETIREMENT : 31 DEC 2005(PRE – 2006) COMMUTATION : 43% WIDOW IS ENTITLED FOR 60% OF HER DECEASED HUSBAND’S PENSION OF BASIC PENSION WITH DR OF 107% – COMMUTATON BASIC PENSION = *2.07 = 57,536 COMMUTATION AT THE = 17,350 x 0.43 = 7,461 TIME OF RETIREMENT PENSION DRAWN = Rs 57, 536 – 7,461 = RS 50,075 BEFORE DEMISE ENHANCED OFP = 57,536(COMMUTATON IS IGNORED) (FOR 7 YEARS FROM DATE OF DEMISE OR 67 YEARS OF AGE OF HUSBAND WHICH EVER IS EARLIER)

ORDINARY FAMILY = 0.60 x 57,536 = RS 34,522 NOTE: ADD EXTRA TO ABOVE FIGURES BEING SUPER SENIOR CITIZEN AS UNDER:- AGE IS 80 YEARS :20 % AGE IS 85 YEARS : 30% AGE IS 90 YEARS : 40% AGE IS 95 YEARS : 50% AGE IS 100 YEARS: 100%

MISCELLANEOUS ISSUES

DEATH OF OFFICER UNDER VARIOUS CIRCUMSTANCES: PENSION TO WIDOW
DEATH ON RETIREMENT : Rs 34,522 – IT 60% OF PENSION DRAWN) ENHANCED OFP : SAME AS DRAWN BY HUSBAND (UPTO 7 YEARS FROM DATE OF DEMISE OR 67 YEARS OF AGE) DEATH WHILE IN SERVICE 120% OF LAST ATTRIBUTABLE TO MILITARY PENSION (OR 60% OF SERVICE OR AGGRAVATED BY LAST EMOLUMENTS) MILITARY SERVICE (SPF) DEATH IN WAR OR WAR LIKE 200% OF LAST OPERATOINS(TERRORISTS ETC) PENSION (OR 100% OF LAST EMOLUMENTS DRAWN) NOTE: ADD 20% TO THE ABOVE FIGURE IF SHE IS 80 YEARS; 30% IF 85 YEARS; 40% IF 90 YEARS; 50% IF 95 YEARS 100 % IF SHE IS 100 YEARS

MISCELLANEOUS ISSUES PENSIONER NOT AVAILING BENEFIT OF DEFENCE PENSION ADALAT DISCHARGED PERSON WITH DISABLITY NOT FILING APPEALS WITH RECORD OFFICE, IN CASE HE FEELS HIS DISABILITY IS ASSESSED LOW BY RMB (FIRST APPEAL WITH DDG, AGs BR) AND FINAL APPEAL WITH VCOAS. DISABLED PENSIONER NOT PRESENTING HIMSLEF BEFORE REVIEW MEDICAL BOARD IF HIS DISABILITY IS TEMPORARY FOR 3 YEARS, THEREBY LOSING HIS DISABLITY ELEMENT AFTER EXPIRY OF 3 YEARS PENSIONER MARRYING ANOTHER WOMEN BEFORE HIS FIRST WIFE DIES OR DIVORCE IS NOT YET APPROVED BY COURT OF LAW THEREBY DEPRIVING BENEFIT OF PENSION TO SECOND WOMAN & HER CHILDREN. LEGALLY FIRST SURVIVING WIFE WILL GET PENSION EVEN AFTER DIVORCE WHEN PENSIONER DIES

WHO ARE ALL ELIGIBLE ON DEATH OF SERVING SOLDIER. LEGALLY WEDDED SPOUSE IRRESPECTIVE OF SERVICE OF SERVING SOLDIER ON DEATH OF PENSIONER LEGALLY WEDDED SPOUSE DEPENDENT CHILDREN UPTO AGE OF 25 YEARS ON DEATH OF SPOUSE OF PENSIONER UNMARRIED/DIVORCED/WIDOWED DAUGHTER FOR LIFE SUBJECT TO INCOME LIMIT ON DEATH OF SPOUSE OF PENSIONER (RS 3,500 PM + DR) DEPENDENT PARENTS OF BACHELOR SOLDIER OR WIDOWER

WHAT IS FAMILY FOR PENSION?
CATEGORY 1 WIDOW OR WIDOWER FOR LIFE TIME OR REMARRIAGE IN CASE OF WIDOW WHICHEVER IS EARLIER SON OR DAUGHTER(INCLUDING WIDOWED ) UPTO THE AGE OF 25 OR DATE OF HIS/HER MARRIAGE/RE- MARRIAGE WHICHEVER IS EARLIER

WHAT IS FAMILY FOR PENSION?
CATEGORY II UNMARRIED /WIDOWED/DIVORCED DAUGHTER,NOT COVERED BY CATEGORY – I ABOVE UPTO DATE OF MARRIAGE/RE-MARRIAGE OR TILL THE DATE SHE STARTS EARNING OR UP TO THE DATE OF DEATH WHICHEVER IS EARLIER PARENTS WHO WERE WHOLLY DEPENDENT ON THE ARMED FORCES PERSON WHEN HE WAS ALIVE PROVIDED THE DECEASED HAS NOT LEFT BEHIND A WIDOW OR A CHILD (MOSTLY IN CASE OF BACHELORS OR WIDOWER WITHOUT CHILDREN)

TYPES OF FAMILY PENSIONS
ORDINARY FAMILY PENSION (OFP) ENHANCED OFP (EOFP) SPECIAL FAMILY PENSION(SFP) LIBERALISED FAMILY PENSION(LFP)

ORDINARY FAMILY PENSION (OFP)

DEATH IS NOT ATTRIBUTED OR AGGRAVATED BY MILITARY DUTY
ORDINARY FAMILY PENSION (OFP) ENHANCED OFP (E-OFP) SPECIAL FAMILY PENSION (SFP) LIBERALISED FAMILY PENSION (LFP) DEATH IS NOT ATTRIBUTED OR AGGRAVATED BY MILITARY DUTY WHICHEVER IS EARLIER; PENSION SAME AS OFP MINE LAYING OR CLEARING OR SWEEPING OPs ELIGIBILITY ALSO SANCTIONED ON DEATH OF WIDOW TO UNMARRIED OR DIVORCED OR WIDOWED DAUGHTER IT IS GIVEN TO WHOLLY DEPENDENT FAMILY

SFP LFP FOR LIFE OR HANDICAPPED CHILD PHYSICAL / MENTAL FOR LIFE LEGALLY SEPARATED WIFE IS ALSO ELIGIBLE FOR OFP CHILDREN BORNE TO SECOND OR ILLEGALLY MARRIED LADY ALSO ELIGIBLE FOR OFP ON DEATH OF WIDOW UNMARRIED SON UPTO AGE OF 25 YEARS IS ALSO ELIGIBLE TO GET OFP ON DEATH OF WIDOW OFP CEASES IF WIDOW RE-MARRIES BUT IF A CHILD LESS WIDOW RE-MARRIES ON OR AFTER 01 JAN 2006 IS ELIGILE FOR OFP

SFP LFP IF SOLDIER AND HIS WIFE WHO IS A GOVT SERVANT SURVIVOR WILL GET OFP EVEN IF SHE/HE IS EMPLOYED OR RETIRED IF BOTH THE PARENTS DIE, THEN OFP OF BOTH OF THEM WILL GO TO CHILDRE COMBINED OFP LIMITED TO RS 9,000 PM + DR COMBINED ENHANCED OFP LIMITED TO RS 15,000 + DR

SFP LFP CHILDREN OF DIVORCED WIFE ARE ALSO ELIGIBLE FOR OFP ON HER DEATH MIN OFP UPTO HAV – 3,500 60% OF LAST RECKONABLE EMOLUMENTS 100% OF LAST RECKONABLE EMOLUMENTS NB SUB (X) – 5,070 NB SUB(Y) - 4,650 SUB (X) ,190 SUB (Y) ,770

SFP LFP SUB MAJ (X) – RS 5,250 SUB MAJ (Y) - RS 4,830 LT (HONY) RS 8,100 CAPT (HONY) - RS 8,310 CAN NOT BE SHARED WITH IN-LAWS TO BE SHARED WITH WHOLLY DEPENDENT PARENTS OF DECEASED SOLDIER WITH INCOME OF PARENTS < RS 3,500 + DR TO BE SHARED WITH WHOLLY DEPENDENT PARENTS OF DECEASED SOLDIER WITH WIDOW INCO ME OF PARENTS < RS 3,500 + DR

SPECIAL FAMILY PENSION (SFP) LIBERALISED FAMILY PENSION (LFP)
OFP SPECIAL FAMILY PENSION (SFP) LIBERALISED FAMILY PENSION (LFP) IF WIDOW REFUSES TO SUPPORT HER IN-LAWS WHO WERE WHOLLY DEPENDENT UPON THEIR SON CAN APPLY FOR SHARE OF SPF RECORD OFFICE WILL ASK BRANCH RECRUITMENT OFFICER TO CONDUCT INQUIRY AND RENDER REPORT

SPECIAL FAMILY PENSION (SFP) LIBERALISED FAMILY PENSION (LFP)
OFP SPECIAL FAMILY PENSION (SFP) LIBERALISED FAMILY PENSION (LFP) IF PARENTS WERE IN FACT WHOLLY DEPENEDENT AND INCOME FROM ALL SOURCES IS LESS THAN RS 3,500 + DR THEN SPF CAN BE DISTRIBUTED IN THE RATIO OF MAX 50:50 BETWEEN WIDOW & IN - LAWS IF PARENTS WERE IN FACT WHOLLY DEPENEDENT AND INCOME FROM ALL SOURCES IS LESS THAN RS 3,500 + DR THEN SPF CAN BE DISTRIBUTED IN THE RATIO OF MAX 50:50 BETWEEN WIDOW & IN – LAWS ON DEATH OF IN – LAWS SFP IS REVERTED TO WIDOW ON DEATH OF IN – LAWS LFP IS REVERTED TO WIDOW

OFP SFP & LFP REMARRIAGE IS PERMITTED THERE ARE MANY CLAIMANTS TO SFP/ LFP:- WIDOW CHILDREN WHOLLY DEPENDENT PARENTS MANY CONTINGENCIES MAY ARISE IN THE FAMILY LEADING TO DISPUTES: (a) WIDOW MAY NOT RE-MARRY & CHILDLESS (b) WIDOW MAY NOT RE-MARRY BUT SUPPORTS HER CHILDREN © WIDOW MAY NOT REMARRY, SUPPORT HER CHILDREN AND NOT HER IN - LAWS

OFP SFP & LFP (d) WIDOW DOES NOT REMARRY, DOES NOT SUPPORT HER CHILDREN AND ALSO DOES NOT SUPPORT IN-LAWS (e) WIDOW REMARRIES BUT SUPPORTS HER CHILDREN AND NOT HER IN-LAWS (f) WIDOW REMARRIES DOES NOT SUPPORT HER CHILDREN AND ALSO DOES NOT SUPPORT HER IN-LAWS GUIDING PRINCIPLE: WIDOW NEEDS FINANCIAL SUPPORT AND SO ARE THE CHILDREN AND WHOLLY DEPENDENT IN-LAWS REMEDY: ON RECEIPT OF COMPLAINT, RECORD OFFICE ASKS RECRUITMENT ORG TO INQUIRE AND SUBMIT THEIR

OFP SFP & LFP BRO CARRIES OUT INQUIRY WITH HELP FROM ZSWO AND SEES FINANCIAL REQUIREMNT, INCOME SOURCES OF IN-LAWS AND CONDITION OF CHILDREN RECOMMEDS DIVISION OF LFP IF WIDOW SUPPORTS HER CHILDREN AND WHOLLY DEPENDENT IN-LAW: FULL LFP IS GIVEN TO WIDOW IF WIDOW SUPPORTS HER CHILDREN AND NOT IN –LAWS, THEN DIVISION COULD BE: SFP TO WIDOW AND BALANCE TO IN-LAWS

OFP SFP & LFP IF WIDOW REMARRIES WITH IN 7 YEARS OF DEATH OF SOLDIER AND SUPPORTS HER CHILDREN : FULL LFP TO WIDOW IF WIDOW REMARRIES WITH IN 7 YEARS AND DOES NOT SUPPORT HER IN-LAWS: 60% OF LPF TO WIDOW FROM DATE OF RE – MARRIAGE AND 60% LFP TO IN-LAWS FOR BALANCE OF 7 YEARS. AFTER 7 YEARS PARENTS GET ONLY 30% OF LFP IF WIDOW REMARRIES AFTER 7 YEARS OF DEATH OF SOLDIER: THEN WIDOW WILL GET 60% LPF AND IN – LAWS GET 30% LFP IF WIDOW REMARRIES WITH IN 7 YEARS OF DEATH OF SOLDIER AND DOES NOT SUPPORT CHILDREN AND NOT IN - LAWS

OFP SFP & LFP WIDOW IS GIVEN ONLY OFP; IN-LAWS WHO SUPPORT CHILDREN WILL GET LFP FOR BALANCE 7 YEARS OF DEATH OF SOLDIER . IF IN-LAWS ALSO DO NOT SUPPORT CHILDREN THEN THAT PORTION OF PARENTS WILL BE DIVIDED BETWEEN IN – LAWS AND CHILDREN WIDOW REMARRIES AFTER 7 YEARS OF DEATH OF SOLDIER AND DOES NOT SUPPORT HER CHILDREN AND ALSO HER IN- LAWS: THEN WIDOW GETS OFP AND IN-LAWS WHO SUPPORT CHILDREN GET 60% OF LFP AND IF THEY DO NOT SUPPORT CHILDREN THEN THAT WILL BE SHARED EQUALLY BETWEEN IN – LAWS AND CHILDREN

SALIENT FEATURES OF FAMILY PENSION
FAMILY PENSION TO DEPENDENT PARENTS IN CERTAIN CASES, WIDOWED /UNMARRIED/DIVORCED DAUGHTER – TILL DEATH (SUBJECT TO INCOME LIMIT OF Rs 3,500 + DR PER MONTH) WIDOWED/UNMARRIED/DIVORCED DAUGHTER OF CATEGORY II WILL GET FAMILY PENSION ONLY AFTER ELIGIBLE FAMILY MEMBERS IN CATEGORY – I HAVE CEASED TO BE ELIGIBLE TO RECEIVE FAMILY PENSION. THERE SHOULD BE NO DISABLED CHILD OF THE PENSIONER. YOUNGER CHILD WILL GET ONLY AFTER ELDER CHILDREN CEASED TO BECOME ELIGIBEL i.e. > 25 YEARS

SALIENT FEATURES OF FAMILY PENSION
SEPARATED WIFE NOT YET LEGALLY DIVORCED IS ELIGIBLE TO GET FAMILY PENSION

ORDINARY FAMILY PENSION (OFP): NOT TO BE SHARED WITH IN-LAWS
DEATH OF SERVING SOLDIER DEATH OCCURS NOT DUE TO MILITARY SERVICE OR AGGRAVATED BY MILITARY SERVICE (NA-NA), THEN WIDOW IS SANCTIONED ORDINARY FAMILY PENSION i.e. 30% OF LAST EMOLUMENTS OF SOLDIER EXAM: DEATH OF SOLDIER AT HOME DUE TO ACCIDENT WHILE ON LEAVE DEATH OF PENSIONER TO WIDOW OR ON DEATH OF WIDOW TO WIDOWED /UNMARRIED/DIVORCED DAUGHTER TILL MARRIAGE OR REMARRIAGE OR FOR LIFE TIME /HANDICAPPED CHILD FOR LIFE TIME /UNEMPLOYED SON TILL AGE OF 25 YEARS OR HIS MARRIAGE WHICHEVER IS EARLIER OFP WILL STOP AFTER RE-MARRIAGE OF WIDOW. BUT WIDOW WITHOUT CHILD CAN REMARRY

ENHANCED ORDINARY FAMILY PENSION (EOFP)

ENHANCED ORDINARY FAMILY PENSION
OFP GRANTED TO WIDOW IN CASE OF DEATH OF SERVING SOLDIER OR EARLY DEATH OF PENSIONER FOR LONGER DURATION. THIS IS TO REDUCE FINANCIAL DISTRESS TO WIDOW FOR SOME MORE TIME. SANCTIONED FOR 10 YEARS TO WIDOW ON DEATH OF SERVING SOLDIER (7 YEARS QUALIFYING SERVICE IS REQUIRED) SANCTIONED TO WIDOW OF PENSIONER TILL HE REACHES AGE OF 67 YEARS OR 7 YEARS AFTER DEATH WHICH EVER IS EARLIERE AFTER THIS WIDOW’S OFP IS REDUCED FROM 50% OF RECKONABLE EMOLUMENTS TO 30%

SPECIAL FAMILY PENSION (SFP)

SPECIAL FAMILY PENSION(SFP)
SANCTIONED TO WIDOW IN CASE DEATH OF SERVING SOLDIER IS ATTRIBUTED TO MILITARY SERVICE OR AGGRAVATED BY MILITARY 120% OF PENSION w.e.f. 24 SEP 2012 EXAM: DEATH OF SOLDIER ON TRAINING OR MOTOR VEHICLE ACCIDENT ON MILITARY DUTY OR DURING ORGANISED GAMES ETC IN CASE THE SOLDIER WHO WAS INVALIDED FROM SERVICE DIES WIHTHIN 7 YEARS OF HIS RETIREMENT AND IN OPINION OF THE MEDICAL BOARD, THE DEATH HAS BEEN CAUSED DUE TO ILLNESS WHICH CAUSED HIS INVALIDMENT, THEN WIDOW IS ALSO SANCTIONED SFP THIS IS TO BE SHARED BY ENTIRE FAMILY, IN CASE PARENTS OF SOLDIER IS WHOLLY DEPENDENT UPON HIM(< Rs 3,500 PM). IF WIDOW DOES NOT SUPPORT CHILDREN BORNE FROM THE SOLDIER, THEN SFP WILL BE DIVIDED BETWEEN WIDOW AND CHILDREN ON 50:50 BASIS.

SPECIAL FAMILY PENSION(SFP)
REMARRIAGE IS NOT PROHIBITED SFP = 120% OF RECKONABLE EMOLUMENTS OF DECEASED MINIMUM SFP FOR WIDOWS OFFICERS( IN Rs) RANK OFFRS LESS MEDICOS MNS MEDICOS LT , , ,558 CAPT 19, , ,734 MAJ 21, , ,684 LT COL 31, , ,766 COL 33, , ,520 BRIG 34, , ,000 MAJ GEN 36, , ,454 LT GEN 43, , NA ARMY CDR , ,000(DGAFMS) COAS 54,000 NOTE: DEARNESS RELIEF ON TH E ABOVE AMOUNT TO BE PAID EXTRA. 2. IF WIDOW REACHES AGE OF 80 YEARS, 20% IS TO BE PAID MORE & DR ON THAT ALSO TO BE PAID

FIRST LIFE AWARD OF PENSION: SFP FOR PBOR
APPLICABLE TO PERSONNEL BELOW OFFICER RANK (PBOR) ARISES ONLY WHEN WIDOW OF DECEASED SOLDIER REMARRIES IF WIDOW SUPPORTS – ENTIRE PENSION CHILDREN OR HAS NO CHILDREN IF SHE DOES NOT SUPPORT ORDINARY FAMILY PENSON TO WIDOW & 50% OF SFP TO CHILDREN IF PARENTS ARE ALSO WHOLLY DEPENDENT ON THE DECEASED SOLDIER, THEN FIVE SITUATIONS MAY ARISE SITUATION WIDOW SUPPORTS CHILDREN WIDOW & CHILDREN % OF SFP TO WIDOW PARENTS % TO PARENTS

SITUATION WIDOW DOES NOT SUPPORT CHILDREN PARENTS & CHILDREN - FULL SFP TO PARENTS WIDOW OFP TO WIDOW BUT PARENTS SUPPORT CHILDREN SITUATION NEITHER WIDOW NOR PARENTS SUPPORT CHILDREN CHILDREN % OF SFP WIDOW - OFP TO WIDOW

SITUATION PARENTS DIE & WIDOW SUPPORTS CHILDREN WIDOW FULL SFP TO WIDOW SITUATION 5 - PARENS DIE & WIDOW DOES NOT SUPPORT CHILDREN WIDOW - OFP CHILDREN - FULL SFP TO CHILDREN

SECOND LIFE AWARD OF PENSION: SFP FOR PBOR
GRANTED ONLY WHEN FIRST LIFE AWARD TO AN ELIGIBLE MEMBER EXPIRES OR MEMBER DIES IF FATHER OF DECEASED SOLDIER EXPIRES, THEN SECOND LIFE AWARD CAN BE SANCTIONED TO MOTHER WHO IS IN INDIGENT CONDITION AND WAS WHOLLY DEPENDENT ON THE DECEASED SOLDIER SECOND LIFE AWARD CAN BE SANCTIONED TO ONLY ONE MEMBER AND ON EXPIRY OF THAT PERSON, THE SECOND AWARD CEASES IN CASE OF DEATH OF BOTH THE PARENTS OF THE DECEASED SOLDIER, THEN SECOND LIFE AWARD CAN BE GIVEN TO THE ELDEST BROTHER OR SISTER. ON EXPIRY OF THIS BROTHER OR SISTER, THE AWARD CEASES.

LIEBERALISED FAMILY PENSION (LFP)

LIBERALISED FAMILY PENSION(LFP)
LFP IS GRATED TO WIDOW OR LEGAL HEIR OF SOLDIER WHO DIES ON MILITARY DUTY IN THE FOLLOWING CIRCUMSTANCES:- IN FACE OF ENEMY ACTION ENGAGEMENT WITH TERRORISTS WEATHER EXTREMITIES DURING OPERATIONAL DEPLOYMENT (SIACHEN OR HIGH ALTITUDE AREAS) DEATH IN OPERATION DEPLOYMENT DUE TO SNAKE BITE OR POISONOUS WATER BY ENEMY BATTLE INNOCULATION TRAINING EXERCISES FATRICIDE IN COMBAT DUTIES MAINTENANCE OF LAW & ORDER (IS DUTIES)

LIBERALISED FAMILY PENSION(SFP)
REMARRIAGE IS NOT A BAR. LFP = 200% OF PENSION OF DECEASED. MINIMUM LFP FOR OFFICERS( IN Rs) RANK OFFRS LESS MEDICOS MNS MEDICOS LT , , ,930 CAPT 32, , ,290 MAJ 36, , ,140 LT COL 52, , ,200 COL 55, , ,200 BRIG 58, , ,000 MAJ GEN 60, , ,090 LT GEN 73, , NA ARMY CDR , ,000(DGAFMS) COAS 90,000 NOTE: DEARNESS RELIEF (DR) TO BE PAID EXTRA ON THIS AMOUNT. 2. IF WIDOW REACHES AGE OF 80 YEARS, SHE IS ELIGIBLE FOR EXTRA 20% OF ABOVE AMOUNT + DR ON THAT AGAIN

LFP IS DEPENDENT ENTIRELY ON CIRCUMSTANCES OF DEATH OF SOLDIER AS FOUND OUT IN THE PROCEEDINGS OF COURT OF INQUIRY (COI) AND SUBSEQUENT MEDICAL OPINION LFP IS 200% OF REVISED PENSION (SFP = 120%; EOFP = 30%, OFP = 30%) TO BE SHARED BETWEEN WIDOW AND WHOLLY DEPENDENT PARENTS IF WIDOW DOES NOT SUPPORT CHILDREN BORNE THROUGH THE SOLDIER, THEN LFP IS DIVIDED BETWEEN WIDOW (30%) AND CHILDREN(70%) REMARRIAGE IS NOT A BAR

EX-GRATIA TO WIDOW OF SOLDIER WHO DIES IN MILITARY DUTY:- NATURE OF DUTY AMOUNT IN Rs IN WAR OR WAR LIKE OPERATIONS 20 LAKHS NOTIFIED BY MIN OF DEF IN SPECIFIED HIGH ALTITUDE AREAS, 15 LAKHS INACCESSIBLE BORDER POSTS, NATURAL DISASTERS, EXTREME WEATHER CONDITIONS OPERATIONS AGAINST MILITANTS, EXTREMISTS IN PERFORMANCE OF MILITARY DUTIES, 10 LAKHS IN ACTS OF VIOLENCE BY TERRORISTS, ANTI SOCIAL ELEMENTS

FIRST LIFE AWARD OF PENSION: LFP FOR PBOR
APPLICABLE TO PERSONNEL BELOW OFFICER RANK (PBOR) ARISES ONLY WHEN WIDOW OF DECEASED SOLDIER REMARRIES IF WIDOW SUPPORTS HER CHILDREN – ENTIRE LFP TO WIDOW IF SHE DOES NOT SUPPORT CHILDREN SFP WIDOW OFP IF PARENTS ARE ALSO WHOLLY DEPENDENT ON THE DECEASED SOLDIER, THEN DISTRIBUTION OF LFP DEPENDS UPON THE DATE OF REMARRIAGE OF WIDOW AS UNDER:-

SPECIAL PENSION SANCTIONED TO PBOR AS A SPECIAL CASE
IN CASE THEY ARE DISCHARGED DUE TO DISBANDMENT OF UNITS BEING SURPLUS ON REDUCTION OF STRENGTH OF ESTABLISHMENT AMOUNT OF PENSION 15 YEARS OR MORE - NORMAL SERVICE PENSION 10 YEARS TO LESS THAN INCLUDE WEIGHTAGE FOR RANK AND THEN REDUCE PROPORTIONATELY IF IT IS LESS THAN 33 YEARS

SITUATION WIDOW REMARRIES WITHIN 7 YEARS OF DEATH OF HUSBAND & SUPPORTS CHILDREN OR HAS NO CHILDREN WIDOW - 60% OF LFP PARENTS - 60% OF LFP FOR BALANCE 7 YEARS PARENTS % THERE AFTER SITUATION WIDOW REMARRIES AFTER 7 YEARS OF PARENTS - 30% OF LFP

SITUATION WIDOW REMARRIES WITHIN 7 YEARS OF DEATH OF HUSBAND & DOES NOT SUPPORT CHILDREN WIDOW - OFP(30% OF EMOLUMENTS) PARENTS - FULL LFP FOR BALANCE 7 YEARS PARENTS % LFP THERE AFTER SITUATION WIDOW REMARRIES AFTER 7 YEARS OF WIDOW - OFP (30% OF EMOLUMENTS) PARENTS - 60% OF LFP (HAVE TO SUPPORT CHILDREN OTHERWISE THIS SHALL BE EQUALLY DIVIDED)

SECOND LIFE AWARD : LFP GIVEN WHEN ONLY THE RECIPIENTS OF FIRST LIFE AWARD EXPIRE OR CEASE TO BE ELIGIBLE SITUATION WIDOW DIES WITHIN 7 YEARS OF DEATH OF HUSBAND PARENTS LPF FOR BALANCE OF 7 YEARS 60% OF LFP FOR THE REST OF LIFE BUT THEY HAVE TO SUPPORT CHILDREN SITUATION WIDOW RE-MARRIES & SUPPORTS CHILDREN WIDOW - 60% OF LFP PARENTS - 60% OF LFP FOR BALANCE OF 7 YEARS - 30% OF LFP THERE AFTER

SECOND LIFE AWARD : LFP SITUATION WIDOW REMARRIES AFTER 7 YEARS OF DEATH OF HUSBAND & SUPPORTS CHILDREN WIDOW % OF LPF PARENTS % OF LFP SITUATION WIDOW RE-MARRIES WITHIN 7 YEARS OF DEATH OF HUSBAND & DOES NOT SUPPORT CHILDREN WIDOW - 30% OF LFP PARENTS - FULL LFP FOR BALANCE OF 7 YEARS - 60% OF LFP THERE AFTER NOTE-1: - THE PARENTS HAVE TO SUPPORT CHILDREN,OTEHRWISE IT SHALL BE DISTRIBUTED 50:50 BASIS. NOTE -2: - IF PARENTS DIE, THEN ELDEST CHILD GETS 60% OF LFP TILL HE REACHES AGE OF 25 AND THERE AFTER IT SHALL BE PASSED ON TO THE NEXT CHILD.

ACTIONS TO BE TAKEN BY WIDOW ON DEATH OF HER BELOVED HUSBAND

DEATH COULD BE NATURAL OR UNNATURAL
UNNATUAL DEATH IN CASE OF UNNATURAL DEATH, REPORT TO POLICE IMMEDIATELY. POLICE GET AUTOPSY DONE TO DETERMINE CAUASE OF DEATH. THIS AVOIDS LOT OF LEGAL PROBLEMS SUBSEQUENTLY NATURAL DEATHS DEPENDING UPON STATE LAWS, IT IS BETTER TO GET TWO COPIES OF CERTIFICATE FROM FAMILY DOCTOR WHO USUAULLY TREATS THE PENSIONER THE CAUSE OF DEATH. THIS IS DEMANDED BY AUTHORITIES AT THE CREMATION OR BURIAL GROUND & REGISTRAR OF BIRTH, MARRIAGE AND DEATH ALSO.

OBTAIN DEATH CERTIFICATE WITH IN 15 DAYS FROM REGISTRAR OF BIRTHS & DEATHS. YOU CAN GET AS MANY INK SIGNED COPIES AS YOU WANT. APPLY FOR 20 INK SIGNED COPIES. TAKE ADEQUATE NO OF PHOTO COPIES INFORM IN WRITING OF DEATH OF PENSIONER ENCLOSING A COPY OF DEATH CERTIFICATE(INK SIGNED), ORIGINAL PPO ISSUED AT THE TIME OF SUPER ANNUATION AND A JOINT PHOTO GRAPH. REQUEST BANK TO STOP PENSION AND COMMENCE ONLY ORDINARY FAMILY PENSION OR ENHANCED ORDINARY FAMILY PENSION (DEATH WITHIN 7 YEARS FROM RETIREMENT OR 67 YEARS OF AGE OF PENSIONER)

IN CASE WIDOW DOES NOT HAVE JOINT ACCOUNT IN THE BANK FROM WHICH HER DECEASED HUSBAND DREW PENSION, SHE NEEDS TO OPEN ANOTHER ACCOUNT IN THE SAME BANK. SHE WILL BE ASKED TO SUBMIT PROOF OF IDENTITY, RESIDENCE PROOF AND LEGAL HEIR I.E. SHE IS LEGALLY MARRIED WIFE OF PENSIONER THIS IS GENERALLY AVAILABLE IN PPO UNDER SPOUSE COLUMN. SHE NEEDS TO SUBMIT A JOINT PHOTO TO PROVE HER IDENTITY IN CASE OF OFFICER, WIDOW IS REQUIRED TO INTIMATE DEATH OF HER HUSBAND TO AGs BRANCH, MP 5/6 ENCLOSING A COPY OF DEATH CERTIFICATE AND HER LETTER TO PENSION PAYING BRANCH FOR STOPPING PENSION .

AGs BRANCH WILL TAKE UP A CASE WITH PCDA(PENSIONS) ALLAHABAD TO GENERATE A CORR PPO AUTHORING ORDINARY OR ENHANCED ORDINARY FAMILY PENSION TO WIDOW FOR JCOs & OR THE RECORD OFFICE WILL TAKE UP A CASE WITH PCDA(PENSIONS) ALLAHABAD IF AGE OF PENSIONER IS LESS THAN 70 YEARS, THEN WRITE TO ARMY GROUP INSURANCE FOR EXTENDED INSURANCE BENEFIT INFORM DEATH OF PENSIONER TO ZILLA SAINIK WELFARE OFFICER ENCLOSING A COPY OF DEATH CERTIFICATE FOR OBTAINING GRANTS SANCTIONED APPLY FOR ASSURED LAST DECENT RITES TO SUB AREA/DEPENDENT CANTEEN

IF PENSIONER HAD MULTIPLE BANK ACCOUNTS, THEN WIDOW HAS TO WRITE TO EACH ONE OF THEM REQUESTING TO TRANFER THE CREDIT BALANCE TO HER SAVINGS BANK ACCOUNT DULY SUPPORTED BY DEATH CERTIFICATE, JOINT PHOTO AND PPO MENTIONING HER AS LEGALLY WEDDED WIFE RETUREN IDENTITY CARD RECEIVED FROM ARMY HQ/SUB AREA/AREA HQ TO LOCAL SUB AREA AND IDENTITY CARD ISSUED BY ZILLA SAINIK WELFARE OFFICER BACK TO HIM/HER. MOST OF STATE GOVTs HAVE FUNERAL GRANT AUTHORISED. APPLY FOR THE SAME TO ZILLA SAINIK WLEFARE OFFICER. OBTAIN WIDOW IDENTITY CARD ISSUED BY MIN OF DEF FROM ZILLA SAINIK WELFARE OFFICER

INSURANCE POLICIES. IN CASE PENSIONER HAD TAKEN INSURANCE POLICIES APPLY TO THEM FOR INSURANCE AMOUNT TO BE TRANSFERRED INTO SB ACCOUNT OF WIDOW. ENCLOSE A COPY OF DEATH CERTIFICATE TRANSPORT. THE WIDOW IS ENTITLED TO GET VEHICLE REGISTED IN HER HUSBAND’S NAME IN HER FAVOUR. APPLY TO YOUR REGIONAL TRANSPORT AUTHORITY LICENSED WEAPON. IF PENSIONER HELD ANY LICENSED WEAPON, DEPOSIT THE SAME IN DEPENDENT POLICE STATION. APPLY TO DIST COLLECTOR OR ARMS LICENSING AUTHORITY TO ISSUE LICENSE TO NOK

IF THE HOUSE IS REGISTED IN THE NAME OF PENSIONER, WIDOW IS REQUIRED TO APPLY FOR TRANSFER OF REGISTRATION IN HER NAME TO THE DEPENDENT REGISTRAR OF CO-OPERATIVE SOCIETIES ENCLOSING A COPY OF DEATH CERTIFICATE, JOINT PHOTO AND PPO PROVING HER LEGAL HEIR STATUS. IF WILL IS THERE , THEN A COPY ALSO BE ENCLOSED HOUSE IN AWHO COLONY. IF HOUSE IS IN AWHO COLONY, THEN WIDOW IS TO GET NOC FROM SOCIETY BEFORE SHE APPLIES FOR CHANGE OF OWENRSHIP IN HER NAME. IF ELECTRIC CONNECTION IS IN THE NAME OF PENSIONER, THEN WIDOW IS TO GET IT TRANSFERRED IN HER NAME BY PAYING NOMINAL AMOUNT. SHE IS TO ENCLOSE A COPY OF DEATH CERTIFICATE

PROPERTY TAX. WRITE TO MUNICIPAL CORPORATION /LOCAL PANCHAYAT TO CHANGE NAME OF OWNER FROM HER DECEASED HUSBAND TO HERSLEF INCOME TAX AUTHORITIES. WRITE TO THEM TO CLOSE HER HUSBAND’S INCOME TAX FILE AND OPEN ANOTHER IT FILE IN HER NAME. ENCLOSE DEATH CERTIFICATE AND COPY OF PPO SHOWING HER LEGAL HEIR STATUS AND A JOINT PHOTO. FIXED DEPOSIT WITH BANKS AND OTHER NON BANKING INSTITUTIONS. INFORM THEM TO TRANSFER THE CREDIT BALANCE TO HER SB ACCOUNT BY ENCLOSING A COPY OF DEATH CERTIFICATE, PPO AND JOINT PHOTO. CLUBS/INSTITUTIONS. INFORM DEATH OF HUSBAND. CLEAR ALL DUES. ASK THEM TO TRANFER MEMBERSHIP IN HER NAME.

CREDIT CARD. IF HUSBAND HAD CREDIT CARDS WITH , THEN DEPOSIT THEM WITH BANK AND ENCLOSE A COPY OF DEATH CERTIFICATE. CLEAR ALL OUTSTANDING BILLS IN CREDIT CARD. ECHS CARD. DEPOSIT ECHS CARD OF HUSBAND WITH DEPENDENT ECHS POLYCLINIC DULY SUPPORTED BY A COPY OF DEATH CERTIFICATE CSD CARD. INFORM DEPENDENT CSD CANTEEN OF DEATH DULY SUPPORTED BY A COPY OF DEATH CERTIFICATE

MISCELLANEOUS

DUAL FAMILY PENSION EX SERVICEMAN ON RETIREMENT WITH SERVICE OR ANY OTHE TYPE OF PENSION, IF RE-EMPLOYED IN ANY OTHER CENTRAL / STATE GOVERNMENT DEPARTMENT OR PUBLIC SECTOR UNDERTAKINGS / AUTONOMOUS BODIES / LOCAL FUNDS OF CENTRAL / STATE GOVERNMENTS AND EARN PENSION FROM THERE ALSO IS ELIGIBLE FOR DUAL PENSION i.e FROM MILITARY AND CIVIL SIDE ON DEATH OF SUCH PENSIONER, WIDOW HAS TO DECIDE TO OPT FOR ONE OF THE TWO PENSIONS W.E.F. 24 SEP 2012, SUCH WIDOWS ARE ELIGIBLE TO DRAW DUAL PENSIONS

MONETARY ALLOWANCE FOR GALLANTRY AWARD WINNERS
(IN Rs PER MONTH) PARAM VIR CHAKRA - 10,000 ASHOK CHAKRA ,000 MAHA VIR CHAKRA - 5,000 KIRTIC CHAKRA - 4,500 VIR CHAKRA - 3,500 SHAURAY CHAKRA - 3,000 SENA MEDAL ,000 (GALLANTRY)

EXEMPTION FROM INCOME TAX
DEATH CUM RETIREMENT GRATUITY LEAVE ENCASHMENT COMMUTATION AMOUNT DISABILITY PENSION WAR INJURY PENSION PENSION OF GALLANTRY AWARDEES

ARMED FORCES TRIBUNAL(AFT)

CONSTITUTED BY AN ACT OF PARLIAMENT TO IMPART JUSTICE TO AGGRIEVED SOLDIERS, EX-SERVIEMNE & WIDOWS OF ESM HAS BENCHES REGION WISE FOR A.P, TELANGANA, TAMILNADU THE BENCH IS LOCATED IN CHENNAI COMPRISE OF JUDICIAL MEMBES( A RETIED HIGH COURT JUDGE AND ADMINISTRATIVE MEMBER OF RANK OF LT GEN & EQUIVALENT OF OTHER TWO SERVCES) DISPENSES QUICK JUSTICE. HAS BEEN VESTED WITH POWERS OF CRIMINAL AND CIVIL CONTEMPT HAS STATUS OF HON’BLE HIGH COURT MAY ESM HAVE GOT JUSTICE

A SINGLE ESM/WIDOW OR GROUP OF SIMILARLY AFFECTED ESM CAN FILE A CASE IN AFT AND GET JUSTICE
IF A GROUP OF ESMs FILE A CASE, THERE ARE MORE CHANCES OF SUCCESS COST OF SUCH LITIGATION CAN BE SHARED BY ALL MANY ESM WHO HAVE LEGAL QUALIFICATION ARE PRACTICISING AS ADVOCATES AND HAVE SUCCESSFULLY WON MANY CASES FOR ESM WHO HAVE BEEN DISMISSED BY ARMED FORCES EVEN FOR SMALL MISTAKES GOVT OF INDIA, MIN OF DEF IN SOME CASES IMPLEMENTS JUDGMENT OF AFTs

AFT & HON’BLE COURTS GO BY SERVICE RULES BUT WHEN THEY COME INTO CONFLICT WITH PRINCIPLE OF NATURAL JUSTICE, THEY THROW OUR ARMY/AF/NAVAL ACTS OUT SOLDIERS DISMISSED FROM SERVICE WERE FORCED TO BE RETAINED AS AFT FOUND PUNISHMENT AWARDED IS DISPROPORTIONATE TO OFFECE COMMITTED (OSL) NAVY DISMISSED CDR N. KALYAN KUMAR ON 07 MAY CHARGE. STEALING AFFECTION OF BROTHER OFFICER’S WIFE AS CDR SENT SEXUALLY EXPLICIT MATERAIL INCLUDING HIS OWN NUDE PHOTOS TO WIFE A FOREINGNER OF ANOTHER INDIAN NAVAL OFFICER.

EVIDENCE. AFT FOUND THE ACT WAS CONSENSUAL AND DOES NOT ATTRACT SUCH A SEVER PUNISHMENT OF DISMISSAL. GENERAL IMPRESSION. ARMED FORCES CONDUCT BOI/COI IN PERFUNCTORY MANNER. MEMBERS TOE THE LINE OF PRESIDING OFFICER. JUDGMENT DISPROPORTIONATE TO OFFECENCE COMMITTED. EVEN A SMALL OFFENCE COMMITTED IS MADE TO LOOK AS IF IT IS BIG ONE BY LIBERALLY USING TERMS LIKE COMPROMISING NATIONAL SECURITY WHEN IN FACT IT IS JUST A MINOR ABERRATION OR MISCONDCUT OR MISDEMEANOUR AT THE MOST.

DEFENCE PENSION ADALAT(DPA)

5 TO 6 DEFENCE PENSION ADALATS ARE HELD ALL OVER THE COUNTRY BY MIN OF DEF EVERY YEAR
IN ANDHRA PRADESH WE HAVE DPAs AT SECUNDERABAD, GUNTUR, KAKINADA AND VIJAYAWAD ANY ESM OR FAMILY PENSIONER HAVING PROBLEM OF LESS PENSION & OTHER ISSUES CAN APPROACH FOR GRIEVANCE REDRESSAL REPRESENTATIVES FROM BANKS, RECORD OFFICES, MIN OF DEF, CGDA, PCDA(PENSION) ALLAHABAD, CDA, CHENNAI ATTEND TO RESOLVE GRIEVANCES DEPT OF SAINIK WELFARE, A.P PAYS TO & FRO CHARGES AND HALT CHARGES TO ALL ESMs AND WIDOWS OF JCOs & OR OF ANDHRA PRADESH TO ATTEND DPA

TRI SERVICES EX-SERVICEMEN WELFARE ASSOCIATION (T-SEWA)

FELT NO WORTH WHILE WELFARE IS BEING GIVEN TO JCOs, NCOs, OR AND FAMILY PENSIONERS
DO NOT KNOW WHAT IS THEIR PENSION EVEN IF THEY COME TO KNOW THEIR BANKS ARE PAYING LESS PENSION DO NOT KNOW WHERE TO GO AND WHAT TO DO. BANKS SHOO THEM OFF TOO MANY ESM ASSOCIATIONS WORKING AT CROSS PURPOSES NEED TO BRING THEM UNDER ONE UMBRELLA AT STATE LEVEL

GOT REGISTERED BY REGISTRAR OF SOCIETIES, HYDERABAD IN JULY 2015
GIVEN REGD NO : 495/2015 IN SHORT TIME SPREAD ALL OVER INDIA AND USA, CANADA, NORWAY, AUSTRALIA AND NEW ZEALAND PRESENTLY 1,800 MEMBERS IN JUST FOUR MONTHS TIME EXECUTIVE COMMITTEE HAS 25 JCOs, NCOs, OR AND TWO SINGLE LADIES OF JCOs AND OR

MEMBERSHIP FEE SINGLE LADIES - FREE SEPOYS - RS 20
NAIKS & HAVILDARS - RS 30 JCOs - RS 50 OFFICERS - RS 100 I – CARD FEE OF RS 20 PLUS COURIER CHARGE OF RS 40 TO BE PAID IN ADDINTION DONATIONS ENTIRELY VOLUNTARY CASES BEING FILED IN AFTs TO GET LEGITIMATE DUES CASE HIGHER PENSION FOR OFFICERS AS ON JAN 2006

CASE NO 2 - BROAD BANDING BENEFIT
TO ALL DISABLED SOLDIERS CASE NO 3 - PENSION OF COL (TS) TO ALL PRE-16 DEC 2004 LT COLs(TS) CASE NO 4 - HIGHER PENSION TO JCOs, OR AND FAMILY PENSIONERS CASE NO PENSION OF LT COL TO ALL PRE – 16 DEC 2004 MAJs WITH 20 YEARS SERVICE CASE NO 6 - PENSION OF HAV TO ALL PRE – 2006 SEPOYS

CASE NO 7 - ENHANCED PENSION TO
ALL OFFICERS RETIRED BETWEEN JAN 2006 AND DEC 2012 / JUN 2013 WHERE JUNIOR RANKED OFFICERS GET MORE PENSION CASE NO 8 - PENSION OF NB SUB TO HON NB SUBs; PENSION OF SUB TO HONY SUBs AND PENSON OF SUB MAJ TO HONY SUB CASE NO 9 - GETTING DISABILITY PENSION TO ALL THOSE WHO WERE DECLARED NA-NA

CASE NO 10 - INJUSTICE TO FAMILY PENSIONERS BY FIXING LOW
PENSION OF 60% OF THEIR DECEASED HUSBANDS WHEN THEY LOST EVERYTHING ON DEMISE OF THEIR HUSANDS. FAMILY SUPPORT NO SECOND INCOME RESPONSIBILITIES OF CHILDREN INABILITY OF SINGLE WOMAN TO DO ALL RUNNING AROUND TO GET THINGS DONE NO JOB ETC. PENSION TO BE 100% OF WHAT HER HUSBAND WAS GETTING WHEN HE ALIVE. I.E. ENHANCED RATE OF ORDINARY FAMILY PENSION TO BE PERMANENT

QUESTION & ANSWER SESSSION

THANK YOU ALL

PENSIONS & ALLIED ISSUES OF DEFENCE SERVICES PERSONNEL

Similar presentations

Presentation on theme: "PENSIONS & ALLIED ISSUES OF DEFENCE SERVICES PERSONNEL"— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

PENSIONS & ALLIED ISSUES OF DEFENCE SERVICES PERSONNEL

Similar presentations

Presentation on theme: "PENSIONS & ALLIED ISSUES OF DEFENCE SERVICES PERSONNEL"— Presentation transcript:

Similar presentations

About project

Feedback