Chandigarh, March 11
About 49 years after her husband was discharged from the Army and nine years after he passed away, the widow of an Army jawan has been sanctioned family pension even though her husband never got his post-retirement benefits.It was only after the death of Sep Gurdayal, an Army Ordnance Corps reservist from Gurdaspur, in 2003, that his widow Piaro, took up the case afresh with the Army authorities and the Principal Controller of Defence Accounts (Pensions) for the grant of reservist and family pension. Gurdayal had taken up the case for his pension earlier, but to no avail.The sanction of pension came without the family members having to seek judicial intervention. It was largely through the efforts of a serving colonel posted in the Western Sector, who assisted the family with paperwork and procedural matters, that the widow got her benefits.Besides getting a pension of Rs 6,000 per month in accordance with current Pay Commission rates, she has also got arrears of pension since 1963, when her husband was discharged. The reservist pension at that time was just Rs 10 per month.According to a letter written by the Army Ordnance Corps (AOC) Record to the Principal Controller of Defence Accounts, Gurdayal was enrolled in the AOC in June 1947, when he was only 15 years old.His service with the Regular AOC was extended till July 1958, following which he was transferred to the reservist establishment.In 1963, he was invalided out of service on medical grounds.His total service, including boy service when he did not complete 16 years of age, worked out to be 15 years and 213 days. According to Defence Ministry regulations issued in 2002, boy service is to be counted towards fixing pensionary benefits.
THE FIGHT AFTER SERVICE
Sep Gurdayal, Army Ordnance Corps (AOC) reservist from Gurdaspur, was enrolled in the AOC Record in June 1947 at the age of 15 years
His service with the Regular AOC was extended till July 1958
He was later transferred to the reservist establishment
In 1963, he was rendered invalid on medical grounds
He applied for pension, but to no avail
After his death in 2003, his widow took up the case afresh
She has been sanctioned a pension of Rs 6,000 pm, besides arrears since 1963
Monday, March 12, 2012
Thursday, March 1, 2012
Pension to pre-1973 disabled ex-servicemen
Pension to pre-1973 disabled ex-servicemen
Vijay Mohan/TNS
Chandigarh, February 24, 2012
Bringing succour to hundreds of disabled ex-servicemen pensioners across the country, the grant of “service element” to whom had been challenged by the government in the Supreme Court, the Defence Ministry today informed the apex court that it had decided to withdraw appeals in all such cases that were bunched and listed yesterday.
The veterans concerned, many of whom belong to this region, would now be entitled to get their dues and arrears in accordance with existing rules and court rulings. Lawyers associated with the cases said some of the affected veterans were in their nineties now.
Disabled personnel are entitled to a disability pension consisting of a “service element” commensurate with the length of service and a “disability element” that depends upon the quantum of injury. Prior to 1964, on disability decreasing below 20 per cent, the disability element used to be withdrawn, but the service element continued if the service rendered was more than 15 years. The service limit for service element was brought down to 10 years in 1964 and 5 years in 1968.
With effect from 1973, the qualifying service requirement for service element was totally abrogated and persons with even one day of service became eligible for service element. Even after 1973, the MoD refused to extend the benefit of service element to earlier retirees with lesser length of service, leading to a spate of litigation. Ultimately, various high courts ruled in favour of disabled ex-servicemen, asking the govt to release service element irrespective of length of service to pre-1973 retirees.
Though the appeals filed by the government against HC decisions were time and again dismissed by the SC, the MoD continued to file SLPs against its disabled veterans, leading to multiple litigation. Sources associated with the issue said the Adjutant General’s Branch and the Army’s Personnel Services Directorate repeatedly requested the MoD’s Department of Ex-Servicemen Welfare to resolve the issue, but the requests were not acceded to.
Sources say the current Secretary DESW Samirendra Chatterjee, however, saw reason in the Army’s proposal and played an instrumental role in withdrawing all such appeals and conceding the matter.
On the last date earlier this month, the Supreme Court Bench hearing the case had asked the MoD to “seek instructions” if it did not want an adverse order. The veterans have welcomed the government’s move to withdraw the said cases.
Clicjk here for the Tribune Post
Click here for the earlier Blog Post
Comment: We need to thank the Media, Maj Navdeep and Ajai Shukla for taking on the "MOD Bulls". I hope similarly MoD finds sense in the two decade Rank Pay litigation case dragging on and release the arrears of pension entitled under the 4th Central Pay Commission to the Officers who were cheated of it.
Vijay Mohan/TNS
Chandigarh, February 24, 2012
Bringing succour to hundreds of disabled ex-servicemen pensioners across the country, the grant of “service element” to whom had been challenged by the government in the Supreme Court, the Defence Ministry today informed the apex court that it had decided to withdraw appeals in all such cases that were bunched and listed yesterday.
The veterans concerned, many of whom belong to this region, would now be entitled to get their dues and arrears in accordance with existing rules and court rulings. Lawyers associated with the cases said some of the affected veterans were in their nineties now.
Disabled personnel are entitled to a disability pension consisting of a “service element” commensurate with the length of service and a “disability element” that depends upon the quantum of injury. Prior to 1964, on disability decreasing below 20 per cent, the disability element used to be withdrawn, but the service element continued if the service rendered was more than 15 years. The service limit for service element was brought down to 10 years in 1964 and 5 years in 1968.
With effect from 1973, the qualifying service requirement for service element was totally abrogated and persons with even one day of service became eligible for service element. Even after 1973, the MoD refused to extend the benefit of service element to earlier retirees with lesser length of service, leading to a spate of litigation. Ultimately, various high courts ruled in favour of disabled ex-servicemen, asking the govt to release service element irrespective of length of service to pre-1973 retirees.
Though the appeals filed by the government against HC decisions were time and again dismissed by the SC, the MoD continued to file SLPs against its disabled veterans, leading to multiple litigation. Sources associated with the issue said the Adjutant General’s Branch and the Army’s Personnel Services Directorate repeatedly requested the MoD’s Department of Ex-Servicemen Welfare to resolve the issue, but the requests were not acceded to.
Sources say the current Secretary DESW Samirendra Chatterjee, however, saw reason in the Army’s proposal and played an instrumental role in withdrawing all such appeals and conceding the matter.
On the last date earlier this month, the Supreme Court Bench hearing the case had asked the MoD to “seek instructions” if it did not want an adverse order. The veterans have welcomed the government’s move to withdraw the said cases.
Clicjk here for the Tribune Post
Click here for the earlier Blog Post
Comment: We need to thank the Media, Maj Navdeep and Ajai Shukla for taking on the "MOD Bulls". I hope similarly MoD finds sense in the two decade Rank Pay litigation case dragging on and release the arrears of pension entitled under the 4th Central Pay Commission to the Officers who were cheated of it.
Surviving daughter irrespective of age ....pension
dear All,
A small correction in category I of Ravi's informative paras. Surviving daughter irrespective of age whose income is less than Rs 3500.00 p.m.and was totally dependent on parents before both expired , is eligible for family pension as per Veterans rank and service . This amendment was issued in 2007. I had forwarded one such case and PPO has been issued in favor of this surviving daughter.
Regards,
Gp Capt SS Phatak(retd)
Eligible Member of Family in Order of Priority
Eligible Member of Family in Order of Priority
Category - I
Lawfully married widow or widower and also judicially separated widow/widower where separation is not on the ground of adultery upto date of death or remarriage, whichever is earlier
Son/daughter (including widowed daughter), including those who born from void marriage or legally adopted or handicapped and whose earning is not more than the prescribed minimum limit and who is below the age of 25 years, upto to the date of his/her marriage/remarriage or till he/she starts earning or till the age of 25 years, whichever is earlier. The benefit of legally adopted son/daughter to be given on or after 18-01-93.
Category - II
Unmarried/widowed/Divorced daughter, not covered by Category-I above, upto the date of marriage/remarriage or till the date she starts earning or upto the date of death, whichever is earlier. However Unmarried daughter is eligible on or after 06-09-2007 and widowed/ divorced daughter on after-25-08-2004 beyond the age of 25 yrs , if her earning is less than minimum prescribed limit and she is still leaving as unmarried/widowed/divorced life. Handicapped child, who is unmarried and who is unable to earn his/ her livelihood due to his/ her disability beyond the age of 25 yrs. Previously this benefit is restricted to child of those person. Who retired/ died on or after 30.09.1974. However wef. 20-05-87, this benefit has been extended to the child of those pers also who retired or died before 30-09-74.
Parents who were in fact wholly dependent on the soldier when he was alive provided the deceased personnel had left behind neither a widow/widower, nor an eligible child and whose combined (both parents) earning is not more than Rs 2550-pm W.E.F-01-01-1998 and minimum family pension with D.R WEF 01-01-2006. Mother will be given first preference if both parents are alive. It is admissible wef 1.1.98 (financial benefit).
Note:
Family pension to the member of category-II shall be payable only after the other eligible members in category-I have ceased to be eligible to receive family pension and there is no disable child to receive the family pension.
Grant of F.P. to children in respective categories shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above him/her has become ineligible for grant of F.P. in that category.
The dependency criteria for the purpose of F.P. shall be the minimum family pension along with D.R. thereon.
The childless widow of a deceased personnel shall continue to be paid family pension even after her remarriage for PBORs who retires/ died on or after 1.1.2006, subject to the condition that the family pension shall cease once her independent income from all sources become equal to or higher than the minimum prescribed family pension in the central Govt. The family pensioner in such cases would be required to give a declaration regarding her income from other sources to the PDA every six months.
Division of Ordinary Family Pension
In this connection, the provision contained in Para 9 (a) to (c) of AI 51/80, AS amended by GOI, MOD letter no. A/06320/Div/AG/PS-4(e)/395/B/D/(P/S) dated 25-05-1992, is as under:-
where an individual is survived by more than one widow, the pension will be paid to them in equal shares. On the death of a widow her share of the pension will become payable to her eligible child. Provided that if widow leaves no eligible child, the payment of her share of the pension will not lapsed but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full to her.
Para 9(a)
Where an individual is survived by a widow and has also left behind an eligible child/children from another wife who is not alive, the eligible child of the deceased wife, shall be entitled to the share of pension which the mother would have received if she had been alive at the time of the death of the individual, provided that on the shares of OFP payable to such a child or widow ceasing to be payable , such shares shall not lapse but shall be payable to other widow or child otherwise eligible in equal shares, or if there is only one widow or child, in full share to such widow or child.
Para 9(b)
Where an individual is survived by a widow and has also left behind an eligible child/children from a divorced wife or wives , the eligible child or children shall be entitled to the share of pension which the mother would have received if she had not been divorced at the time of the death of the individual, provided that on the share or shares of OFP payable to such a child or widow ceasing to be payable , such shares shall not lapse but shall be payable to other widow or child otherwise eligible in equal shares, or if there is only one widow or child, in full share to such widow or child.
Children born out of a void marriage in terms of sec 11 of Hindu Marriage Act 1955 shall be entitled to share the OFP if otherwise eligible, though their mother would not have been eligible for the same had she been alive at the time of death of her husband on account of her marriage being null and void under section 11 of of Hindu Marriage Act 1955.
Except as provided as above, the OFP shall not be payable to more than one member of the family at the same time.
Note- The financial effects of restoration of full share payable on or after 16-02-91.
Category - I
Lawfully married widow or widower and also judicially separated widow/widower where separation is not on the ground of adultery upto date of death or remarriage, whichever is earlier
Son/daughter (including widowed daughter), including those who born from void marriage or legally adopted or handicapped and whose earning is not more than the prescribed minimum limit and who is below the age of 25 years, upto to the date of his/her marriage/remarriage or till he/she starts earning or till the age of 25 years, whichever is earlier. The benefit of legally adopted son/daughter to be given on or after 18-01-93.
Category - II
Unmarried/widowed/Divorced daughter, not covered by Category-I above, upto the date of marriage/remarriage or till the date she starts earning or upto the date of death, whichever is earlier. However Unmarried daughter is eligible on or after 06-09-2007 and widowed/ divorced daughter on after-25-08-2004 beyond the age of 25 yrs , if her earning is less than minimum prescribed limit and she is still leaving as unmarried/widowed/divorced life. Handicapped child, who is unmarried and who is unable to earn his/ her livelihood due to his/ her disability beyond the age of 25 yrs. Previously this benefit is restricted to child of those person. Who retired/ died on or after 30.09.1974. However wef. 20-05-87, this benefit has been extended to the child of those pers also who retired or died before 30-09-74.
Parents who were in fact wholly dependent on the soldier when he was alive provided the deceased personnel had left behind neither a widow/widower, nor an eligible child and whose combined (both parents) earning is not more than Rs 2550-pm W.E.F-01-01-1998 and minimum family pension with D.R WEF 01-01-2006. Mother will be given first preference if both parents are alive. It is admissible wef 1.1.98 (financial benefit).
Note:
Family pension to the member of category-II shall be payable only after the other eligible members in category-I have ceased to be eligible to receive family pension and there is no disable child to receive the family pension.
Grant of F.P. to children in respective categories shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above him/her has become ineligible for grant of F.P. in that category.
The dependency criteria for the purpose of F.P. shall be the minimum family pension along with D.R. thereon.
The childless widow of a deceased personnel shall continue to be paid family pension even after her remarriage for PBORs who retires/ died on or after 1.1.2006, subject to the condition that the family pension shall cease once her independent income from all sources become equal to or higher than the minimum prescribed family pension in the central Govt. The family pensioner in such cases would be required to give a declaration regarding her income from other sources to the PDA every six months.
Division of Ordinary Family Pension
In this connection, the provision contained in Para 9 (a) to (c) of AI 51/80, AS amended by GOI, MOD letter no. A/06320/Div/AG/PS-4(e)/395/B/D/(P/S) dated 25-05-1992, is as under:-
where an individual is survived by more than one widow, the pension will be paid to them in equal shares. On the death of a widow her share of the pension will become payable to her eligible child. Provided that if widow leaves no eligible child, the payment of her share of the pension will not lapsed but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full to her.
Para 9(a)
Where an individual is survived by a widow and has also left behind an eligible child/children from another wife who is not alive, the eligible child of the deceased wife, shall be entitled to the share of pension which the mother would have received if she had been alive at the time of the death of the individual, provided that on the shares of OFP payable to such a child or widow ceasing to be payable , such shares shall not lapse but shall be payable to other widow or child otherwise eligible in equal shares, or if there is only one widow or child, in full share to such widow or child.
Para 9(b)
Where an individual is survived by a widow and has also left behind an eligible child/children from a divorced wife or wives , the eligible child or children shall be entitled to the share of pension which the mother would have received if she had not been divorced at the time of the death of the individual, provided that on the share or shares of OFP payable to such a child or widow ceasing to be payable , such shares shall not lapse but shall be payable to other widow or child otherwise eligible in equal shares, or if there is only one widow or child, in full share to such widow or child.
Children born out of a void marriage in terms of sec 11 of Hindu Marriage Act 1955 shall be entitled to share the OFP if otherwise eligible, though their mother would not have been eligible for the same had she been alive at the time of death of her husband on account of her marriage being null and void under section 11 of of Hindu Marriage Act 1955.
Except as provided as above, the OFP shall not be payable to more than one member of the family at the same time.
Note- The financial effects of restoration of full share payable on or after 16-02-91.
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