Grant of Disability Element to Armed Forces Personnel who were retained in Service despite disability and Subsequently proceeded on Premature/ Voluntary Retirement prior to 01.01.2006
Office of the Principal CDA(Pensions)
Draupadi Ghat, Allahabad- 211014
Circular No. 583
Dated: 5th September, 2017
1. The O I/ C,
Records/ PAO (ORs)/ NPO/ AFCAO
2. PCDA (O), Pune
Subject: Grant of Disability Element to Armed Forces Personnel who were retained in service despite disability attributable to or aggravated by Military Service and subsequently proceeded on premature/ voluntary retirement prior to 01.01.2006.
Reference: This office Circular No. 433 dated 25.03.2010.
Copy of GOI, MOD letter No. 16(05)/2008/D(Pension/ Policy) dated 19th May 2017 is forwarded herewith for further necessary action at your end.
2. Consequent on the issue of GOI, MOD letter dated 19th May 2017, the provision of grant of Disability Element/ War Injury Element in addition to retiring/ service pension or retiring/ service gratuity, subject to the condition that their disability was accepted as attributable to or aggravated by Military Service and had foregone lump sum compensation in lieu of that disability in terms of GOI, MOD letter dated 29th September 2009 has been extended to all Pre-2006 Armed Forces Personnel who were retained in service despite disability and subsequently proceeded on premature/ voluntary retirement prior to 01.01.2006. Further, the eligibility for disability pension is that the concerned Armed Forces Personnel continue to suffer from the same disability which should be assessed at 20% or more on the date of effect of GOI, MOD letter dated 19th May 2017.
3. In terms of Para-4 of GOI, MOD letter dated 19th May 2017, implementation of these orders is expected to be arduous and challenging. Documents like Medical Board proceedings, retention of the personnel in service despite disability, option of individual forgoing lump sum compensation and non-payment of lump sum compensation would be required in all cases which may not be available at the end of Pay Accounting Authorities/ Record Offices and Pension Sanctioning Authorities readily. In such cases, pensioners may be asked to produce the copies of relevant documents to the executive authorities in support of their claims.
4. All Pay Accounting Authorities/ ROs/ NPO/ AFCAO and PCDA(O), Pune are requested that all affected cases may please be reviewed in terms of Para-4 of GOI, MOD letter dated 19th May 2017 and pensioners may be asked to produce the copies of relevant documents to the executive authorities in support of their claims.
5. The claim for grant of disability element/ war injury element in affected cases will be submitted to PSA concerned by PCDA(0)/ ROs/ NPO/ AFCAO along with copy of fresh medical board proceedings showing extent of disability percentage as on date of effect of this letter in respect of COs/ JC0s/ ORs along with recommendation of intervening period. It will be responsibility of PCDA(0)/ ROs/ NPO/ AFCAO to confirm payment/ non-payment of lump-sum-compensation in lieu of disability element to COs/ JC0s/ ORs. A sanction showing extent of disability and its attributability/ aggravation due to Military Service in terms of MOD letter 4684/DIR(PEN)/2001 dated 14th August 2001 would be issued by Service HQrs in case of Commissioned Officers and sanction would be issued by O I/ C Record Office in case of JCOs/ ORs.
6. It is clear from the above that only those voluntary retirement/ discharged on own request cases will come under the purview of ibid GOI, MOD letter dated 19th May 2017 where the individual was retained in service despite disability and the disability is accepted as attributable to or aggravated by military service but also the lump sum compensation amount has been forgone. A certificate is also required from RO in this regard along with the certificate from the individual, of receipt/ non-receipt of lump sum amount in lieu of that disability.
7. Corrigendum PPOs will be issued in all affected cases by the concerned Pension Sanctioning Authorities (PSAs) based on claim received from RO's.
8. All affected cases of JCOs/ ORs in Army & Pre- 01.11.1985 JCOs/ ORs in Navy & Air Force for grant of Disability Element should be submitted on LPC-cum Data Sheet (attached with this circular as Annexure 'DS NO. PHP-PMR/2017') along with all connecting documents with a certificate duly signed by RO to the effect that no claim on this account in r/o the individual has been earlier submitted to PCDA (P) office.
9. All other terms and conditions shall remain unchanged.
10. This circular has been uploaded on PCDA (P) website www.pcdapension.nic.in for dissemination across the Defence pensioners and PDAs.
Please acknowledge receipt.
Asst. Controller (P)
Asst. Controller (P)
Source:- PCDA Circular No. 583- Download