PENSIONS FOR DEFENCE SERVICES PERSONNEL: Brig CS Vidyasagar (Retd)

PENSIONS FOR DEFENCE
SERVICES PERSONNEL

SEQUENCE OF PRESENTATION
• ELIGIBILITY
• TYPE OF PENSIONS & CALCULATION OF PENSION
• PPO & CORR PPOs
• RANK PAY ARREARS
• ONE RANK ONE PENSION (OROP)
• PENSION ARREARS FROM JAN 2006 & APR 2014
• CORR PPO FOR DATE OF BIRTH OF SPOUSE
• ADDRESS TO BE SENT ON LINE TO
PCDA(PENSIONS) ALLHABAD
• ACTION IN CASE OF EXCESS PAYMENT OF
PENSION /SHORTFALL IN PENSION

SEQUENCE OF PRESENTATION
 NFFU
 ACTION IN CASE OF DEATH OF PENSIONER BY
SPOUSE
 MISCELLANEUOS ISSUES
 CONCLUSION
 QUESTION & ANSWER SESSION

SOME DATA
• NUMBER OF PENSIONERS - 24 LAKHS
FROM THE ARMED FORCES + WIDOWS
• PENSION BUDGET - Rs 40,000
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 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
 ALL DEFENCE SERVICES PERSONNEL WHO
COMPLETE MINIMUM PENSIONABLE SERVICE ON
RETIREMENT /THOSE DISBALED AND BOARDED OUT
ARE ELIGIBLE TO GET PENSION. PENSION IS PAID
UPTO LIFE TIME AND THERE AFTER TO THE LEGAL
HEIR(S)
 SERVICE REQUIRED FOR MINIMUM PENSION
 JCO/OR - 15 YEARS
 OFFICER REGULAR - 20 YEARS
 OFFR LATE ENTRY - 15 YEARS

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 FRACTIONAL SERVICE
 PRE – 22 APR 1960 - ONLY FULL YEARS TO BE
COUNTED AS YEARS AND
LESS THAN A YEAR TO BE
IGNORED
 23 APR 1960 TO 28 JUN 1983 - MORE THAN 6 MONTHS TO
BE TREATED AS A HALF
YEAR
 W.E.F. 28 JUN 1983
FROM 3 MONTHS - HALF YEAR
TO LESS THAN 6 MONTHS
9 MONTHS TO LESS THAN YEAR - FULL YEAR

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 - 9 YEARS COL - 7 YEARS
• MAJ - 8 YEARS BRIG - 5 YEARS
• LT COL - 7 YEARS MAJ GEN - 3 YEARS
TO COAS

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 (ONLY FOR PBOR)
 FIRST & SECOND LIFE AWARDS(ONLY FOR PBOR)

IS MINISTRY OF DEFENCE
LIBERAL IN GRANTING
PENSION TO ARMED
FORCES VETERANS?

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

COLONEL: DATE OF RETIREMENT :
31 MAR 2004; 28 YERS COMMISSIONED
SERVICE
ENHANCEMENT IN PENSION
1. DATE OF RETIREMENT TO 31 DEC 2005
2. FROM 01 DEC 2006 TO 23 SEP 2012
3. W.E.F. 24 SEP 2012

PENSION FROM 01 APR 2004 TO 31 DEC 2005
 10 MONTHS AVERAGE EMOLUMENTS = SAY RS 17,000(BASIC)
+ 2,000(RANK PAY)
+ NPA
 PENSIONABLE SERVICE = 28 + 7 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%) (-) 3,000 (SAY)
MINUS INCOME TAX (-) 1,000(SAY)
NET REMITTANCE TO BANKER = Rs 11,295

PENSION FROM 01 JAN 2006 TO
23 SEP 2012
ALL RETIREES ARE ASSUMED TO
HAVE RETIRED ON 01 JAN 2006

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

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 1996 CREATES TWO CLASSES OF MAJ
GENs
I.E MAJ GEN PRE – 1996 RETIREES WITH LESS PENSION AND
THE OTHER MAJ GEN POST - 1996 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

FROM 01 JAN 2006 TO 23 SEP 2012
 PAY BANDS
 PB - 3: LT, CAPT, MAJ : Rs 15,600 - 39,000
 PB – 4: LT COL TO MAJ GEN : Rs 37,400 – 67,000
 HAG : LT GEN : Rs 67,000 – 79,000
 HAG +: ARMY CDR : Rs 80,000
APEX SCALE : SERVICE CHIEF : Rs 90,000
 PENSION : 50% OF (MINIMUM PAY IN PAY BAND +
GRADE PAY + MILITARY SERVICE PAY)

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 51,850

SLEIGHT OF HAND BY BABUS OF MIN OF DEF
COLONEL
• MINIMUM PAY IN PAY BAND - RS 40,890
• MINIMUM IN PAY BAND - RS 37,400
• LOSS OF PENSION PER MONTH
• = RS 0.50(40,890 – 37,400)
• = RS 1,745 + DR

INCORRECT PENSION FIXED BY MIN OF DEF TO
PRE-2006 OFFICERS AS ON 1 JAN 2006
 EMOLUMENTS: ASSUMED TO HAVE RETIRED ON 01
JAN 2006 IN PAY BAND (PB-4) Rs 37,400 – 67,000
MINIMUM IN THE PAY BAND - Rs 37,400
GRADE PAY - Rs 8,700
MILITARY SERVICE PAY - Rs 6,000
---------------
TOTAL EMOLUMENTS - Rs 52,100
---------------
PENSION = 50% OF TOTAL
EMOLUMENTS
FOR 33 YEARS SERVICE = 0.50*(52,100)
= Rs 26,050 +DR

PENSION w.e.f 24 SEP 2012 FOR PRE – 2006 RETIREE
 EMOLUMENTS
MINIMUM PAY IN THE PAY BAND- Rs40,890 (Vs 37,400)
GRADE PAY - Rs 8,700
MILITARY SERVICE PAY - Rs 6,000
TOTAL EMOLUMENTS - Rs 55,590
PENSION = 50% OF TOTAL EMOLUMENTS
= 0.50*(55,590)
= Rs 27,795 +DR
Vs Rs 26,050 +DR

COLONEL WITH 23 YEARS OF ACTUAL
SERVICE & RETIRED IN MAR 2004
 10 MONTHS AVERAGE EMOLUMENTS = RS 14,000 +
2,000(RANK PAY)
 PENSIONABLE SERVICE = 23 + 7 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

ENHANCEMENT OF PENSION: COLONEL WITH
33 YEARS SERVICE INCLUDING WEIGHTAGE
PERPERIOD AMOUNT
BEFORE 01 JAN 2006 0.50(17,350+2,000) = Rs 9,625
+DEARNESS RELIEF (DR)
01 JAN 2006 TO 23 SEP
2012
0.5*(37,400+8,700+6,000)
= Rs 26,050 + DR
37,400 IS THE MINIMUM IN THE
PAY BAND Rs 37,400 – 67,000
24 SEP 2012 ONWARDS 0.5*(40,890+8,700+6,000)
= Rs 27,795 + DR
40,890 IS THE MINIMUM PAY IN
THE PAY BAND

PENSION ARREARS FROM JAN 2006
SER
NO
RANK PENSION
WRONGLY
FIXED
ENTITLED
PENSION
DIFFE-
RENCE
ARREARS FROM JAN
2006 TO 23 SEP 2012
1 LT 13,500 15,465 1,965 1,82,745
2 CAPT 13,850 16,145 2,295 2,13,435
3 MAJ 14,100 18,025 4,105 3,81,765
4 LT
COL
25,700 26,265 565 52,545
5 COL 26,050 27,795 1,745 1,62,285
6 BRIG 26,150 29,145 2,995 2,78,535

PENSION ARREARS FROM JAN 2006
SER
NO
RANK PENSION
WRONGL
Y FIXED
ENTITLED
PENSION
DIFFE-
RENCE
ARREARS
FROM JAN
2006 TO 23 SEP
2012
1 MAJ
GEN
24,566 30,350 5,784 5,37,912
2 LT
GEN
PENSION
REVISED
W.E.F. 01
JAN 2006

POST 2006 RETIREES
• RECKONABLE EMOLUMENTS
• PAY IN PAY BAND; PB 3 – Rs15,600 – 39,000 (LT, CAPT, MAJ)
• PB 4 – Rs 37,400 – 67,000(INCREMENT @ 3%)
• GRADE PAY(GP)
LT – Rs 5,400 COLONEL - Rs 8,700
CAPT – Rs 6,100 BRIG - Rs 8,900
MAJ - Rs 6,600 MAJ GEN - Rs 10,000
LT COL - Rs 8,000 LT GEN - Rs 12,000
• MILITARY SERVICE PAY(MSP) – Rs 6,000 SANCTIONED ONLY FROM SEP
2008
• NON PRACTISING ALLOWANCE(NPA) FOR MEDICOS
• PENSION = 50% OF (PAY + GP+MSP+NPA)
+ DEARNESS RELIEF – COMMUTATION – INCOME TAX

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
 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 ANNUATED IN SHAPE - 1
 SERVICE PENSION (Rs 27,795 x 2.07) = Rs 57,535.65
(INCLUDING DEARNESS RELIEF @ 107% )
 COMMUTATION @ 43% = 0.5*(17,350+2000)*0.43
DONE AT THE TIME OF
RETIREMENT ON 31 DEC 2005 = Rs 4,160
 NET PENSION = Rs 57,536 – 4,160 –IT
= Rs 53,376 – IT
 SUPER ANNAUTED WITH DISABLITY 20%
 SERVICE ELEMENT – COMMUTATION =Rs 53,376
 DISABILITY ELEMENT(20%) = Rs 53,376 x 0.30x0.20 = 3,203
 FOR 100% DISABILITY, IT IS 30% OF SERIVCE PENSION; FOR
LESSSER DISABILITIES, AMOUNT IS PROPORTIONATELY REDUCED

 IT EXEMPTED = Rs 53,376+ 3,203
 NET PENSION = Rs 56,579
 DISABLED IN ACTION AGAINST RIOTS ETC i.e
LIBERALSISED DISAABILITY PENSION SANCTIONED
 SERVICE ELEMENT AFTER COMMUTATION = Rs 53,376
 DISABILITY ELEMENT IS 20% BUT DUE TO = 53,376x0.5x0.3
= RS 8,006
LIBERALSISED, IT IS HIKED TO 50% DUE TO BROAD BANDING
 IT EXEMPTED = Rs 53,376+ 8,006

 IF WAR INJURED WITH 20% DISABILITY AND RETAINED IN
SERVICE
 SERVICE ELEMENT MINUS COMMUTATION= Rs 53,376
 WAR INJURY ELEMENT = Rs 53,376 x 0.60 x 0.50
(20% DISABILITY IS HIKED TO 50% DUE TO BROAD BANDING
AND FOR WAR INJURY COMPENSATION IS 60% OF RECKONABLE
EMOLUMENTS)
 IT EXEMPTED = Rs 53,376 + 16,013
 IF AWARDED SENA MEDAL GALLANTRY AND IN SHAPE - I
 SERVICE ELEMENT = Rs 53,376
 GALLANTRY AWARD = Rs 500
 NET PENSION(IT EXEMPTED) = Rs 53,876

SUMMARY OF PENSIONS VARIOUS TYPES
 SHAPE – I = Rs 53,376 - INCOME TAX
 DISBALED 20% = Rs 56,579
 DISABLED IN IS DUTIES ETC = Rs 61,382
WITH 20% DISABILITY
 WAR INJURED WITH 20% = Rs 69,389
 GALLANTRY AWARD SM = Rs 53,876
 NOTE: ADD EXTRA AS UNDER:-
AGE IS 80 YEARS : 20 %
AGE IS 85 YEARS : 30%
AGE IS 90 YEARS : 40%; AGE IS 95 : 50%
AGE IS 100 YEARS : 100%

PENSION ON DEMISE OF
SERVING SOLDIER OR
PENSIONER

EXAMPLE OF VARIOUS TYPES OF FAMILY
PENSION TO WIDOWS OF OFFICERS IN
VARIOUS CONTINGENCIES
LADY IS ENTITLED FOR 60% OF PENSION
DRAWN BY HER DECEASED HUSBAND
WHILE HE WAS ALIVE

 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 = 27795*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
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 100 YEARS: 100%

DEATH OF OFFICER UNDER VARIOUS
CIRCUMSTANCES: PENSION TO WIDOW
 DEATH ON RETIREMENT : Rs 34,522 – IT
(@ 60% OF PENSION DRAWN)
 DEATH WHILE IN SERVICE : @ 120% OF LAST
ATTRIBUTABLE TO MILITARY EMOLUMENTS
SERVICE OR AGGRAVATED BY
MILITARY SERVICE (SPF)
 DEATH IN WAR OR WAR LIKE : @ 200% OF LAST
OPERATOINS(TERRORISTS ETC) EMOLUMENTS
 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

ONE RANK ONE PENSION
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

OROP – MILITARY PENSION
YEARS IN
SERVICE
LT CAPT MAJ LT COL COL BRIG
20 21,460 22,595 31,790 32,490 32,850 32,950
21 22,590 23,795 32,515 33,215 34,520 34,620
22 23,180 24,420 32,515 33,215 34,535 34,785
23 23,180 24420 32,515 33,215 34,535 34,785
24 23,790 25,050 32,525 33,225 34,535 35,555
25 24,415 25,600 32,525 33,225 34,535 35,605
26 25,060 25,600 32,525 33,225 35,275 36,420
27 25060 25,600 33,295 33,995 36,080 37,255

YEARS
IN
SERVICE
28 25,060 25,600 33,295 33,995 36,095 37,255
29 25,060 25,600 33,295 33,995 36,930 37,275
30 25,060 25,600 33,295 34,765 36,940 37,280
31 34,765 36,950 37,795
32 36,975 39,020
33 38,865 39,025
34 38,865 39,025
35 38,865 39,025

YEARS IN
SERVICE
36 39,035
37 39,035
38 39,035
MAJ GEN LT GEN
(HAG)
LT GEN
(HAG+)
LT GEN
(AC)
COAS
39 41,500 42,500 43,000 44,000 48,000

SER
NO
RANK PENSION
TODAY
MILITARY
PENSON
(1.4.2014)
DIFFE-
RECEN
ARREARS
1 LT 15,465 25,060 9,595 1,15,140
2 CAPT 16,145 25,600 9,455 1,13,460
3 MAJ 18,205 33,295 15,090 1,81,080
4 LT
COL
26,265 34,765 8,500 1,02,000
5 COL 27,795 38,865 11,070 1,32,840
6 BRIG 29,145 39,035 9,890 1,18,680

PENSION ARREARS FROM APR 2014 TO MAR 2015
SER
NO
RANK PENSION
TODAY
MIL
PENSON
W.E.F. 01
APR 2014
DIFFE-
RECEN
ARREARS
7 MAJ
GEN
30,350 41,500 11,150 1,33,800
8 LT GEN
(HAG)
36,500 42,500 6,000 72,000
9 LT GEN
(HAG+)
36,500 43,000 6,500 78,000
10 LT GEN
(AC)
40,000 44,000 4,000 48,000

COMPARISON OF BASIC PAY AS ON 01 JAN 1986
ITEM CIVILIAN(EE) MAJOR
BASIC PAY 1,700 1,700
DA 243 243
ADDL DA – 1 1,117 1,117
ADHOC DA 124 124
INTERIM RELIEF 250 250
ADD 20% FITMENT 340 340
ON BASIC PAY
EMOLUMENTS 3,434 3,434
DEDUCT RANK PAY NIL (-) 600
BASIC PAY TO BE 3,434 2,834
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
2005. 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 INTEREST @ 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

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 1996 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

CORR PPO FOR ENDORSING DATE
OF BIRTH OF SPOUSE 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

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, E-MAIL
ID AND POSTAL ADDRESS CORRECTLY

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

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

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

OTHER TYPES OF PENSONS
AUTHORISED TO AREMD
FORCES PERSONNEL

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

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

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%, 51-75 = 75%, >75 = 100%
 THE MAXIMUM CEILING FOR DISABLED PERSONNEL
BOARDED OUT HAS BEEN REMOVED w.e.f 01 JUL 2009. 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

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%; 76 -100 = 100%)

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 1996 AS UNDER DUE TO HON’BLE SUPREME COURT:-
 01 – 49% - 50% OF DISBAILITY ELEMENT
 50 - 75% - 75%
 76 – 100% - 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

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 - 30% OF RECKONBALE
EMOLUMENTS FOR 100%
DISABILITY
 WAR INJURY ELEMENT - 60% OF RECKONABLE
AND RETAINED IN SERVICE EMOLUMENTS
 WAR INJURY ELEMENT - 100% 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 DISABILITIES
 PREMATURE RETIREMENT WITH DISABILITY 20% OR
MORE
IF DISABILITY IS ATTRIBUTED OR AGGRAVATED BY MILITARY
SERVICE AND THE PERSON IS RETAINED IN SERVICE BUT TAKES
PREMATURE RETIREMENT IS ELIGIBLE FOR SERVICE AND
DISABILITY/WAR INJURY ELEMENT w.e.f 01 JAN 2006
EARLIER ON SOME PRETEXT SUCH PERSONNEL WERE DENIED
DISABILITY ELEMENT BY MIN OF DEF WITHOUT GIVING ANY
REASON

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.

PENSIONS
SERVICE
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.

PENSIONS
SERVICE
SERVICE (NA-NA)
INVALID PENSION
NOT APPLICABLE
INVALID PENSION
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
WAR INJURY PENSION
NOT APPLICABLE

PENSIONS
SERVICE
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
WAR INJURY PENSION
NOT APPLICABLE

PENSIONS
SERVICE
SERVICE (NA-NA)
WAR INJURY PENSION
THOSE RETAINED IN SERVICE, WAR
INJURY ELEMENT @ 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).
WAR INJURY PENSION
NOT APPLICABLE

PENSIONS
SERVICE
SERVICE (NA-NA)
WAR INJURY PENSION
FOR LESSER DISABILITY THAN
100%, PRO RATA REDUCTION IS
CARRIED OUT
CONSTANT ATTENDANT
ALLOWANCE
FOR 100% DISABLED ARE GIVEN
@ RS 3000 PM. IF DA INCREASES
BY 50%, THEN 25% RAISE IS
GIVEN
WAR INJURY PENSION
NOT APPLICABLE

MONETARY ALLOWANCE FOR
GALLANTRY AWARD WINNERS
(IN Rs PER MONTH)
 PARAM VIR CHAKRA - 10,000
 ASHOK CHAKRA - 6,000
 MAHA VIR CHAKRA - 5,000
 KIRTIC CHAKRA - 4,500
 VIR CHAKRA - 3,500
 SHAURAY CHAKRA - 3,000
 SENA MEDAL - 1,000
(GALLANTRY)

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)

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

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

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)
 SANCTIONED TO WIDOW IN CASE DEATH OF SERVING
SOLDIER IS ATTRIBUTED TO MILITARY SERVICE OR
AGGRAVATED BY MILITARY SERVICE @ 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 18,558 18,558 18,558
CAPT 19,734 19,734 19,734
MAJ 21,846 22,596 18,684
LT COL 31,558 32,406 20,766
COL 33,354 34,356 29,520
BRIG 34,974 36,096 30,000
MAJ GEN 36,420 37,500 32,454
LT GEN 43,800 45,114 NA
ARMY CDR 48,000 48,000(DGAFMS)
COAS 54,000
NOTE: 1. 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

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 1 - WIDOW SUPPORTS CHILDREN
 WIDOW & CHILDREN - 50% OF SFP TO WIDOW
 PARENTS - 50% TO PARENTS

 SITUATION 2 - WIDOW DOES NOT SUPPORT CHILDREN
 PARENTS & CHILDREN - FULL SFP TO PARENTS
 WIDOW - OFP TO WIDOW
BUT PARENTS SUPPORT CHILDREN
 SITUATION 3 - NEITHER WIDOW NOR PARENTS SUPPORT
CHILDREN
 CHILDREN - 50% OF SFP
 WIDOW - OFP TO WIDOW

 SITUATION 4 - 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 30,930 30,930
30,930
CAPT 32,290 32,290 32,290
MAJ 36,410 22,596 31,140
LT COL 52,530 54,010 49,200
COL 55,590 57,260 49,200
BRIG 58,290 60,160 50,000
MAJ GEN 60,700 62,500 54,090
LT GEN 73,000 75,190 NA
ARMY CDR 80,000 80,000(DGAFMS)
COAS 90,000
NOTE: 1. 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 1 - 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 - 30% THERE AFTER
 SITUATION 2 - WIDOW REMARRIES AFTER 7 YEARS OF
DEATH OF HUSBAND & SUPPORTS CHILDREN
 PARENTS - 30% OF LFP

 SITUATION 3 - 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 - 60% LFP THERE AFTER
 SITUATION 4 - WIDOW REMARRIES AFTER 7 YEARS OF
DEATH OF HUSBAND & DOES NOT SUPPORT
CHILDREN
 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 1. 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 2. WIDOW RE-MARRIES & SUPPORTS CHILDREN
 PARENTS - 60% OF LFP FOR BALANCE OF 7 YEARS
 - 30% OF LFP THERE AFTER

SECOND LIFE AWARD : LFP
 SITUATION 3. WIDOW REMARRIES AFTER 7 YEARS OF DEATH
OF HUSBAND & SUPPORTS CHILDREN
 WIDOW - 60% OF LPF
 PARENTS - 30% OF LFP
 SITUATION 4. WIDOW RE-MARRIES WITHIN 7 YEARS OF
DEATH OF HUSBAND & DOES NOT SUPPORT CHILDREN
 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.

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

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

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

PENSIONS FOR DEFENCE SERVICES PERSONNEL: Brig CS Vidyasagar (Retd)

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