Thursday, May 21, 2009


From: brigadier ptgangadharan


To: "R/ Adm. Sanjiv Kapoor , Delhi"
Date: Thursday, 21 May, 2009, 1:53 PM
Benefit of rounding off / bunching of disability percentage for calculation of disability element would be applicable to superannuating personnel too
The 5th Central Pay Commission had recommended the benefit of rounding-off / bunching of disability percentages for grant of disability element of disability pension. It was recommended that persons with disability till 50% should be paid a disability element calculated by taking the disability at 50%, those with a disability between 50-75% should be granted a disability element by taking the disability as 75% and those with a disability above 75% should be granted a disability element @ 100%.

The said modalities were notified by the Govt in 2001 with effect from 1996. However, the govt sanction letter provided that the said benefit would only be made available to those who were invalided out and not to those who were discharged on completion of terms or on superannuation with a disability, and that the latter would be granted a disability element in accordance with the actual percentage of disability and hence would not be provided the benefit of rounding off / bunching.

The Hon’ble Punjab & Haryana High Court however did not take this kindly. The Hon’ble High Court in 2008, in the case Paramjit Singh Vs Union of India, ruled that even those who are discharged on completion of terms or on superannuation would be entitled to the rounding off and bunching of disability percentage thereby leading to an enhanced pension. The same was done by relying on Regulation 179 (Regulation 53 for officers) of the Pension Regulations for the Army. The said Regulations provide that persons retiring or superannuating with a disability would also be ‘deemed to have been invalided out’ or service.

The govt however filed a review petition in the said Writ Petition but the same has been dismissed by the Hon’ble Court and it has been re-iterated that the benefit should be granted to all disabled personnel including those discharged / retiring with a disability and not only to those who have been invalided.

The Court has also held that AGIF is liable to pay disability cover even to discharged / superannuating personnel and that AGIF is very much a body under the control of the govt, the actions of which can be challenged in the High Court. It was contended by the Govt that AGIF was not a body of the ‘State’ and hence writ jurisdiction could not be invoked against it.

Brigadier PTGangadharan,Guards,
Tel:0495 2356863/9447766863
HC rejects disability cover review
20 May 2009, 0157 hrs IST, Vishal Sharma, TNN

CHANDIGARH: Shrugging off the Army Group Insurance Fund’s contention that it was an “independent society” and had “nothing to do with other wings of the Army”, the Punjab and Haryana High Court has observed that a soldier, who is grievously injured during anti-insurgency operations and subsequently discharged due to disability, is “deemed to have been invalidated out of service”.

Such a soldier, it said, is entitled to 50% disability pension and disability benefit cover under the Army Group Insurance Fund.
The high court ruling was made available only on Tuesday.



  1. Dear Brig Gangadharan,
    Do you have any info on the issue of Disability Pension revised rates for Pre 2006 veterens?How they have been cheated by the baboos ---read att --- DISABILITY PENSION: REVISED RATES FOR PRE 2006 RETIREE

    1. Vide 6 CPC recommendations, approved by the GOI Resolution No 305 dated 29 August 2008 in so far as it relates to Disability Pension (DP) for Armed Forces personals the following needs to be noted.

    a) Prior to 6 CPC the Armed Forces personal were getting a fixed rate DP @ Rs. 1300 to Rs. 2600 per month, depending on the rank held. Refer para 5.1.66 of 6 CPC Report.
    b) The DP for civilian has been @ 30% of pay all along 6 CPC Report para 5.1.21 (ii) refers.
    c) Demand made to 6 CPC for revision of rates of DP for Armed Force personal to percentage basis (30 % of pay) as applicable to civilians is at para 5.1.67 of 6 CPC Report.
    d) The 6 CPC, after carrying out due analysis, accepted the demand and recommended that DP for Defense Forces personal be paid @ 30% of pay, similar to as applicable for civilians. 6 CPC report para 5.1.68 refers.

    2. Revisions of rates of DP for Defense Forces Personal from fixed to percentage basis @ 30% of pay (as recommended by 6 CPC) was approved by GOI vide Resolution dated 29 August 2008.
    3. It took the MOD over 9 months to issue notification for implementing revised rates of DP for Defense Personal.
    4. In the notification No 16 (6)/ 2008(2)/D Pension and policy dated 5th May 2009 for Post 01-01-2006 retirees the rates have been changed from fixed to 30 % of pay as approved by GOI resolution.
    5. However in the notification No dated 16/ 06/ 2008(1)/D Pension and Policy dated 4th May 2009 for Pre 2006 retirees the DP rates have not been changed to 30% of pay but revised to fixed rates of Rs 3100 to Rs 5980 pm in total contradiction to 6 CPC recommendations approved by the Cabinet.
    6. There is absolutely NO rationale or logic for going against what has been approved by the Cabinet and arbitrarily adopting fixed rates of DP for Pre 2006 retirees of Armed Forces only.
    7. following points need to be considered:

    a) Keeping in view that ALL CIVILIANS were getting DP @ 30 % of pay the 6 CPC had rightly recommended the (as against fixed DP) same to be made applicable to defense personal to remove injustice being done to them vis a vis civilians for the past so many years.

    b) In case of Civilians there is no distinction between pre 2006 or post 2006 retirees. All were & are getting DP on percentage basis @ 30 % of pay. In good faith this should be applied to ALL Defense pensioners as well, as was recommended by 6 CPC.

  2. contd---c) The 6 CPC Recommendations and its Cabinet approval do not mention anywhere that the revised rates of DP on percentage basis will not be applicable to Pre 2006 retirees of the Armed Forces.
    d) This notification divides the single homogeneous class of Armed Forces pensioners into two groups, subjecting them to different treatment, by arbitrarily fixing different rates of DP for each class.
    e) The overall yearly expenditure for giving DP on percentage basis to pre 2006 retirees is miniscule considering the total number of such pensioners.

    8. Keeping in view the spirit behind the 6 CPC recommendation which was to mitigate the injustice meted out to Armed Forces personal in the past by giving them DP at fixed rates vis a vis civilians who were getting much higher DP on percentage basis (30 % of pay) the CPC had recommended the same rate as applicable for civilians. This was to bring about equality amongst all classes of physically challenged government servants.
    9. Therefore there is absolutely no justification in targeting pre 2006 physically challenged retirees of Armed forces only by not giving them DP on percentage basis as are being given to all others, across the board.
    10. In View of above it is requested that MOD (ESW Dept.) Notification No 16(6)/2008(1)/ D (Pension Policy) Dated 4th May 2009 on Disability Pension for Pre 2006 be cancelled.
    11. Fresh Notification with revised rates on percentage basis as recommended by 6 CPC & approved by the Cabinet vide Resolution No 305 dated 25th August 2008 be issued for implementation.