Wednesday, 24 September 2014

Casualty Pensionary Awards for Armed Forces Officers & POBR invalided out from service Prior to 1.1.1996

No 12(16)/2009/D(Pen/Policy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare


New Delhi, the 15th September, 2014

To,
The Chief of Army Staff
The Chief of Naval Staff
The Chief of Air Staff

Subject:Rationalization of casualty Pensionary Awards for the Armed Forces Officers and Personnel below Officer Rank (PBOR) invalided out from service prior to 1.1.1996: Extension of benefit of broad banding of percentage of disability/ war injury.
Sir,
The undersigned is directed to refer to the provisions stipulated in Para 7.2 of this Ministry’s letter No 1(2)/97/D(Pen-C) dated 31.1.2001 through which the concept of broad banding of percentage of disability/ war injury was introduced in respect of those Armed Forces Officers and Personnel below Officer Rank who were invalided out of service on or after 1.1.1996 on account of disability / war injury accepted as attributable to or aggravated by Military Service. The said provision for determining extent of disability / war injury was also extended to pre – 1.1.1996 invalided out cases from 1.7.2009 vide this Ministry’s letter No 10 (01)/D(Pen/Policy)2009/Vol II dated 19.1.2010 provided that the Armed Forces personnel were in receipt of disability element/ war injury element for disability more than 20% as on 1.7.2009.

2. Consequent upon receipt of reference from various Pensioners’ Associations for extending the provisions regarding broad banding of percentage of disability to such pre – 1.1.1996 Armed Forces pensioners from 1.1.1996 itself, the matter has been suitably examined in this Ministry. In partial modification of this Ministry’s above said letter dated 19th January 2010, the President is now pleased to decide that with effect from 1.1.1996, the benefit of broad banding of percentage of disability / war injury shall be allowed to Armed Forces Officers and PBOR pensioners who were invalided out of service prior to 1.1.1996 and were in receipt of disability element/ war injury element as on 1.1.1996. In such cases where the pensioner was not in receipt of disability element as on 1.1.1996 but became entitled at a later stage due to reassessment of disability more than 20%, this benefit shall be allowed from the same date. Similarly, in those cases where the pensioners were in receipt of disability element/ war injury element as on 1.1.1996 but the same was discontinued at a later stage due to reassessment of disability as less than 20%, the disability element/ war injury element shall be discontinued from the later date as hithertofore. However, in those pre-1.1.1996 cases where the disability element / war injury element was not allowed for disability being accepted as less than 20% at initial stage or subsequent stage on reassessment of disability, the same will continue to be disallowed and such cases will not be re-opened.

3. The disability element/ war injury element of pension in all such cases shall be recomputed accordingly under these orders by the Pension Sanctioning Authorities (PSAs) concerned for regulating payment under this Ministry’s letters No. PC 1{2}/97/D(Pen-C) dated 16.5.2001, No 16(6)/2008(1)/D(Pen/Policy) dated 4.5.2009 and letter No. 17(4)/2008(1)/ D(Pen/Policy)/Vol-V dated 15.2.2011. For this purpose, each affected Armed Forces pensioner who were invalided out of service prior to 1.1.1996 and were in receipt of disability element/ war injury element on 1.1.1996 or thereafter, shall submit an application in the format enclosed as Annexure to this letter to the PSAs concerned through their Pension Disbursing Agencies and Record Offices in the case of PBOR and through Pension Disbursing Agencies in the case of Commissioned Officers to PSAs concerned for revision of disability element/ war injury element. PSAs may, however, also identify the affected cases from the corrigendum PPOs issued by them based on the application received in terms of this Ministry’s above said letter dated 19.1.2010, and for issue of corrigendum PPO.

4. If a pensioner, to whom benefit accrues under the provisions of this letter, had already died on or after 1.1.1996 but before date of issue of this letter, the application for revision shall be submitted by the family pensioners or by his heir, as the case may be. Payment of LTA shall, however, be regulated as per the extant Government orders on the subject matter.

5. All other terms and conditions for grant / revision of disability element/ war injury element of pension in respect of Armed Force pensioners invalided out of service prior to 1.1.1996, which are not affected by the provisions of this letter, will remain unchanged.

6. This issues with the concurrence of Finance Division of this Ministry vide their ID No PC to 10(22)/2009/Fin/Pen dated 19/08/2014.

Hindi version will follow.

Yours faithfully

( Chanan Ram Saini )
Deputy Secretary (Pension)


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Matter below posted on Blog on 29 Oct, 2014.
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PCDA Circular No. 529 - Rationalization of casualty Pensionary Awards for the Armed Forces Officers and Personnel below Officer Rank (PBOR) invalided out from service prior to 1.1.1996: Extension of benefit of broad banding of percentage of disability/ war injury.


OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD- 211014

IMPORTANT CIRCULAR
REGISTERED
Circular No. 529
Dated: 13.10.2014
Subject: Rationalization of casualty Pensionary Awards for the Armed Forces Officers and Personnel below Officer Rank (PBOR) invalided out from service prior to 1.1.1996: Extension of benefit of broad banding of percentage of disability/ war injury.
Reference: GOI, MOD letter No. 12(16)/2009/D(Pen/Policy) dated 15.09.2014 and this office Circular No. 429 dated 04.03.2010.

1. A copy of the Government of India, Ministry of Defence letter No. 12(16)/2009/D(Pen/Policy) dated 15/09/2014 is enclosed herewith for information and necessary action.

BACK GROUND
2. Consequent upon issue of letter No.1 (2)/97/D (Pen-C) dated 31.01.2001 the benefit of Broad Banding i.e. Rounding of Disability, 50% (for disability less than 50%) and 75% (for disability from 50% to 75%) and 100% (for disability from 76% to 100%) provision has been made for those pensioners who have been invalided out from the service on medical ground attributable to or aggravated by military service on or after 01.01.1996. The demand of this benefit for Pre-96 Defence pensioners was pending with the Govt. which had been considered by Cabinet Secretary Committee and recommended for extension of this benefit to Armed Forces Officers and PBORS who were invalided out of service prior to 01.01.1996 and were in receipt of disability/ war injury pension as on 01.07.2009. The Govt. had accepted the above said recommendations and issued order vide MOD letter No. 10(01)/D(Pen/Policy)/2009/Vol-ll dated 19.01.2010.

NEW PROVISION IN BROAD BANDING
3. Now in partial modification of above said GOI, MOD letter dated 19.01.2010, the Government vide MOD letter No. 12(16)/2009/D(Pen/Policy) dated 15.09.2014 has allowed the benefit of broad banding of percentage of disability/ war injury w.e.f. 01.01.1996 to Armed Forces Officers and PBOR pensioners who were invalided out of service prior to 1.1.1996 and were in receipt of disability element/ war injury element as on 1.1.1996. In such cases, where the pensioner was not in receipt of disability element as on 1.1.1996 but became entitled at a later stage due to reassessment of disability more than 20%, this benefit shall also be allowed from the same date i.e. from the date of reassessment.

AFFECTED CASES

4. With effect from 01.01.1996, the concept of broad banding of percentage of disability/ war injury, as provided in Para 7.2 of MOD letter dated 31.01.2001 quoted above, shall be extended to Armed Forces Officers and PBOR who were invalided out of service prior to 01.01.1996 and are in receipt of disability/ war injury pensions as on 01.01.1996. In such cases where the pensioner was not in receipt of disability element as on 01.01.1996, but became entitled at later stage due to re-assessment of disability more than 20%, this benefit shall be allowed from the same date i.e. from the date of reassessment.

5. Further, as per above GOI MOD letter, those cases where the pensioners were in receipt of disability element/ war injury element as on 1.1.1996 but the same was discontinued at a later stage due to reassessment of disability as less than 20%, the disability element/ war injury element shall be discontinued from the later date as hithertofore. However, in those Pre 1.1.1996 cases where the disability element/ war injury element was not allowed for disability being accepted as less than 20% at initial stage or subsequent stage on reassessment of disability, the same will continue to be disallowed and such cases will not be re-opened.

APPLICATION TO BE SUBMITTED

6. For this purpose, each affected Armed Forces pensioner who were invalided out of service prior to 1.1.1996 and were in receipt of disability element/ war injury element on 1.1.1996 or thereafter, shall submit an application in the format enclosed as Annexure to this letter to the PSAs concerned through their Pension Disbursing Agencies and Record Offices thereof in the case of PBOR and through Pension Disbursing Agencies in the case of Commissioned Officers to PSAs concerned for revision of disability element/ war injury element.

7. For the grant of LTA of deceased invalided out of service prior to 01.01.1996 and who were in receipt of disability element/ war injury element as on 01.01.1996 or thereafter, a certificate is to be submitted by the Family Pensioner/ his heir in the format enclosed as CERTIFICATE FOR THE PAYMENT OF LTA to this circular. However, the Part-II & Part-III of ANNEXURE will also be filled up with CERTIFICATE FOR THE PAYMENT OF LTA.

ACTION ON THE PART OF THE PDA
Pension Disbursing Authorities are requested that the affected cases of disability/war injury element where Armed Forces Officers and PBOR who were invalided out from service prior 01.01.1996 and were in receipt of disability element/ war injury element as on 1.1.1996 may be reviewed and application obtained in triplicate from them may be endorsed and submitted to the concerned Record Office in the cases of PBOR and directly to the PSA in the cases of Commissioned Officer so that the necessary Corr. PPO for Broad Banding may be issued by the PSA concerned.

9. If a pensioner, to whom benefit accrues under the provisions of this letter, had already died on or after 01.01.1996 but before date of issue of this letter (i.e. 15.09.2014), the application for revision shall be submitted by the family pensioners or by his/ her heir, as the case may be. Payment of LTA shall, however, be regulated as per the extant Government orders on the subject matter.

10. PDA to ensure that format enclosed in cases for ‘CERTIFICATE FOR THE PAYMENT OF LTA’ is properly filled along with Part-ll of Annexure and the same is verified by them. ROs are requested that on receipt of the ANNEXURE for Broad Banding from the individual or CERTIFICATE FOR THE PAYMENT OF LTA from the family pensioner/ his/her heir duly filled by the PDAs the same may please be forwarded to concerned PSAs duly verified along with completed LPC-Cum-Data Sheet, photo copy of original and latest D/ DE PPOs for issue of necessary Corr PPO. The following documents may invariably be forwarded along with the claim-

(i) CTC of Sheet Rolls’ page indicating clause of discharge.
(ii) Discharge Part-ll order showing the clause of discharge and where Part-II order is not available, a certificate, certifying that the individual had been invalided out/ deemed to be invalided out duly showing the clause of discharge.
(iii) A certificate to the effect may also be enclosed that “no claim on this account has earlier been initiated” to avoid recurrence of double PPO for the same claim.

12. ROs are also requested to review all such cases where Broad Banding benefit has already been notified by concerned Pension Sanctioning Authorities wef 01.07.2009 and where disability was assessed as for life before 01.01.1996. A list of such cases indicating individual’s details i.e. Name, Regt. Number, Original PPO Number, Corrigendum (Broad Banding) PPO No. and Current PDA details may be forwarded to concerned PSA for further necessary action.

13. This may please be given wide publicity.

14. This circular has been uploaded on PCDA (P) website www.pcdapension.nic.in for dissemination across the Defence pensioners and PDAs.
sd/-
(A.K. NIGAM)
Asstt. Controller (P)
Gts/Tech/05/LXXII Dated: 13.10.2014

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